Section 3 provides that if a licensee initiates patent litigation alleging that the model or complementary materials constitute patent infringement, all patent licenses granted under the agreement terminate automatically upon filing of that litigation.
This analysis describes what DeepSeek's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause automatically terminates the patent license upon any patent infringement claim filed by the licensee against any entity regarding the model, which may affect organizations that subsequently identify potential patent conflicts related to model architecture or complementary materials.
Under this clause, a licensee who files a patent infringement lawsuit alleging the model or its complementary materials infringe any patent will automatically lose their patent license under the agreement as of the date the litigation is filed. This applies to cross-claims and counterclaims as well as original lawsuits.
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Compare across platforms →"If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model and/or Complementary Material constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for the Model and/or works shall terminate as of the date such litigation is asserted or filed.Excerpt from DeepSeek's Open Source License
(1) REGULATORY LANDSCAPE: This is a standard patent non-assertion clause common in open source licenses.
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This clause automatically terminates the patent license upon any patent infringement claim filed by the licensee against any entity regarding the model, which may affect organizations that subsequently identify potential patent conflicts related to model architecture or complementary materials.
Under this clause, a licensee who files a patent infringement lawsuit alleging the model or its complementary materials infringe any patent will automatically lose their patent license under the agreement as of the date the litigation is filed. This applies to cross-claims and counterclaims as well as original lawsuits.
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