Functional Freedom

As Open Source Hardware (OSH) transitions from schematics and design files to functional physical objects, it intersects with the legal landscape of patent law. This presentation breaks down the legal dimension of OSH under the European Patent Convention (EPC), specifically addressing vulnerabilities of under-resourced OSH communities. We explore risks, including the wrongful granting of patents over prior art, the phenomenon of ‘patent upgrading’, and the inadvertent infringement of pre-existing patents. Finally, the talk outlines proactive mitigation and prevention strategies, such as defensive publishing and peer to patent processes, designed to safeguard the functional freedom of OSH. No previous knowledge on legal topics or OSH is required.