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Examples Of Patent License Agreements

5. Exclusive License: means a certificate, including the right of sublicense, the rights of the licensee being alone and complete and excluding all others, including the licensor and its related companies, unless otherwise provided. It is often necessary to include provisions in license agreements after termination. These may include the measures that each party must take when the agreement ends; obligations and acts that stop and continue at the end of the contract and whether or not there is a difference depending on whether the contract ends by expiry or by proactive termination by a party; A discussion of confidential information and the work of the parties; final reporting requirements for all elements contained in development; or final accounting requirements and payments between the parties. A lawyer can help you decide what are the appropriate provisions for your license agreement after termination. c. Some or all patents that may be granted on patent rights and their improvements, developed by the licensor and all departments, suites, partials, reissues and extensions of such patents. Unless terminated in advance as provided in this Agreement, the term of this Agreement shall apply from and after the date of this Agreement until the expiry of the last expiry of patents or patents licensed in accordance with Article I. The licensee shall not be required to pay royalties which are payable only on the basis of its use, sale, licence, lease or sub-licence under granted patents which have expired by this Agreement or which have been invalidated by an irrevocable judgment, unless there are other such patents, valid and unenpired, which cover use by the licensee.

sale, licensing, rental or sub-licensing; provided, however, that such non-payment of royalties does not apply to royalties already paid to the licensor more than six (6) months before the discovery of the licensee`s expiry or irrevocable termination. The granting of a sub-licensing right to third parties also gives rise to a number of important decisions that must be taken into account by the parties when awarding this part of the certificate. sublicensing may be anyone or limited to, for example, parties related to the licensee; only the licensee`s related undertakings; a limited number of third parties; or only those parts that have been previously approved by the licensor. A lawyer can help you resolve these issues and make sure nothing is overlooked. This type of agreement allows Harvard researchers who are starting a new company to license non-patentable, copyrighted software they have developed as part of faculty research efforts. In cases where there is patentable content such as unique algorithms, please read the “Basic Exclusive License” model agreement published above. b. Licensee has a non-exclusive license without sublicensing right among those patents and applications under which Licensee had an exclusive license prior to conversion. Licensed products/processes should be specifically defined as licensed products or licensed processes. Where only certain types of inventions are covered, inventions should be defined and qualified as inventions; the patent number and/or patent application number that is granted must be indicated.

Vague or incomplete definitions can make it harder to decipher your license agreement….