Most “open innovation” products aren’t patentable

This Article thus argues that using patents to combat patent risks may not be a viable long-term solution for open innovation communities because many of their innovations may not be practically or legally patentable. In- deed, so long as the patent system retains its bias in favor of centralized in- novation at the firm level, open, decentralized models of innovation will remain at a distinct disadvantage in terms of patent protection.