The  GPLv2 and GPLv3 has anti-patent clauses.The GPLv2 patent clause is liberty or death:For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.The GPLv3 patent clause requires all contributors to grant a royalty free patent license to all downstream recipients:Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.Most other free software licenses, including the MIT (Expat) license does not mention patents at all.If I license my software, containing patented ideas or methods where I own the patent right, under the MIT (Expat) license, will I be able to collect patent royalties from downstream recipients that use this MIT-licensed software?Does this depend on jurisdiction?Will disclosure or non-disclosure of my patents (in README or similar) affect my chances of collecting royalties?An answer that cite relevant case law will be preferred, but if no case law on this exists, a well-argued answer will be accepted.
If I license software under the MIT license, will I be able to collect patent royalties?
patents;mit
If a license does not mention patents, it does not grant a license to patents.You hold a patentYou implement some software which uses the methods covered by the patent.You publish that software and attach an MIT license, or some other license that never says the word 'patent.'You have not granted any patent rights. On the other hand, you also have not advertised the existence of the patent. Note the usual fine print on physical objects that lists the patents involved. According to http://www.webblaw.com/resources/faq/patents.htm, you can't claim damages from someone who infringes your patent unless you disclose in this fashion. It might also be considered polite to warn people that the use of your software puts them in a position where they need a patent license from you if they realize economic gain.