California Exclusive Patent Sublicense Agreement
Description
How to fill out Exclusive Patent Sublicense Agreement?
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FAQ
Licensing agreements are found in many different industries. An example of a licensing agreement is a contract between the copyright holders of software and another company, allowing the latter to use the computer software for their daily business operations.
A patent owner can license his invention for many reasons, such as, he may not have enough money to or manufacturing facilities, so he gives license to third party to make, sell and distribute his patented invention in return of 'royalty'.
An Exclusive Licence means that no person or company other than the named licensee can exploit the relevant intellectual property rights. Importantly, the licensor is also excluded from exploiting the intellectual property rights.
A patent license is an agreement that lets someone else commercially make, use, and sell your invention for a specified period. The owner of the invention (patent) is the 'licensor,' and the person who is receiving the license is the 'licensee. ' Licensing deals involve payment for the license.
Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.
In fact, it is generally held that a nonexclusive patent licensee cannot grant sublicenses unless it is expressly granted such right. However, exclusive licenses commonly include a right to sublicense, at least with the consent of the licensor.
Most licensing agreements will be valid only for a certain length of time....Scope of the AgreementExclusivity.Territory Rights.Guarantees of Sales.
Types of licensing agreement The unique feature of this type of agreement is that even the licensor is excluded to use or exploit the licensed property during the term of the agreement. Copyright, trademark and patent licenses are the best examples of an exclusive license agreement.
It may be possible to license your patent-pending invention. However, only having a provisional patent application pending may not be sufficient for licensing. Since it is never disclosed to the public, a licensee would have limited options in verifying what is actually 'patent-pending.
Steps to File a Patent LicenseLocate Manufacturers. Identify potential licensees.Sign a Confidentiality Agreement. Ask potential licensees to sign a confidentiality agreement to protect rights to your intellectual property.Negotiate Patent License.Complete a Patent License Agreement.
