How to get patent of an application which uses opensource technology or platform.

Hi MSDN,
First of all I want to accept that this question is not directly related to the subject line of this forum But since I am an MSDN admirer so I am posting this here.
actually I have created a webapp which uses WEBRTC technology and also some android technology concepts . What I want is to initiate Patent process for my web application. I heard that webRTC and android both are opensource technologies and I can not get
patent by using them (as per my findings ).
So here I need your expert advice for approaching to get my Web application Patent. If you people know about anything related to it or any case study or any such related or nearly related information about getting patent of an application which uses opensource
technology , please share with me . I am hopeful that I will definitely get some good piece of information from you guys which will help me so please reply.
Thanks
Gaurav shukla.
Gaurav shukla

Hello,
First, you do not patent an "application", but an idea or a process. So, if there is an idea or a process which is inovative in your application, THAT is what you are going to patent.
The open source nature of some of the item used by your application has nothing to do with the patent application as your application is just ONE example of embodiment (literally put into a body, of physical form) of your invention.
Your application is also covered by COPYRIGHT. the copyright protects the SOURCE code, as it is written. If you are using existing source code in your application, THEY are also covered by copyright and the license associated with them might force you to
accept some conditions/setup some parameters to the license that you associate to your application. But this is separated from the patent issue.
Cyrille

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