New Mexico Patent Forms

Protect your intellectual property and locate state specific Patent forms for all types situations.

New Mexico Patent FAQ

When do I need a patent?

U.S. patent laws were enacted by Congress under its Constitutional grant of authority to protect the discoveries of inventors. In order to be patented an invention must be novel, useful, and not of an obvious nature. Patents are issued for four general types of inventions/discoveries: machines, human made products, compositions of matter, and processing methods.

Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time. In order to be patented an invention must be novel, useful, and not of an obvious nature. There are three types of patents: a) "utility patent" which includes a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas); b) "design patent" which is a new, original and ornamental design for a manufactured article; and c) "plant patent" which is a new variety of a cultivated asexually reproduced plant.


What is a Licensing Agreement?

A licensing agreement is a legal contract between a licensor (the owner of a product, brand, or intellectual property) and a licensee (a third party given permission to use, sell, or distribute the licensor's product or brand). In New Mexico, a licensing agreement would follow the state's laws and regulations in order to ensure the rights and obligations of both parties are protected. It is an agreement that allows the licensee to use or sell the licensed product or brand in exchange for payments or royalties as agreed upon in the contract.


Elements of a Licensing Agreement

A licensing agreement is a legal document that outlines the terms and conditions under which one party (the licensor) grants permission to another party (the licensee) to use their intellectual property. In New Mexico, these agreements typically cover a range of elements. Firstly, they identify the parties involved and provide a clear description of the licensed property. The agreement will also specify the scope of the license, including the duration and territory where the licensed property can be used. Additionally, the licensing agreement will outline any restrictions or limitations on how the licensee can use the property, such as prohibiting sublicensing. It will also address payment terms, including upfront fees or ongoing royalties, and any provisions for termination or renewal of the agreement. Lastly, the agreement may include clauses regarding confidentiality, dispute resolution, and applicable laws in New Mexico.


When is a Licensing Agreement Needed?

A licensing agreement is needed when someone wants to give permission to another person or company to use their intellectual property or inventions in exchange for certain rights and payments. In New Mexico, a licensing agreement may be necessary when a person or business wants to protect their intellectual property in the state or allow someone else to use it. This agreement ensures that the licensing party retains ownership of their intellectual property and receives compensation for its use in New Mexico.


Types of Licensing Agreements

Licensing agreements in New Mexico are legal contracts that allow one party (the licensor) to grant permission to another party (the licensee) to use their intellectual property. There are different types of licensing agreements that can be found in New Mexico. For instance, a trademark licensing agreement permits the licensee to use a specific trademark on their products or services. Similarly, a patent licensing agreement allows the licensee to utilize a patented invention. Additionally, there are copyright licensing agreements that grant the licensee the right to reproduce or distribute copyrighted works. These various types of licensing agreements provide opportunities for businesses and individuals in New Mexico to benefit from the use of intellectual property while ensuring legal protection and fair compensation.


Licensing Agreement Fees and Royalties

In New Mexico, a licensing agreement fee is a cost that is required to be paid by someone who wants to use or sell a product or idea that belongs to someone else. It is like a permission fee. The person or company who owns the product or idea will charge a licensing agreement fee to give permission to others to use it. Additionally, royalties are payments that are made to the owner of the product or idea based on a percentage of sales or earnings. These payments are made regularly, usually for a specific period of time. So, if you want to use something that belongs to someone else in New Mexico, you may need to pay a licensing agreement fee and ongoing royalties to the owner.