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Components of Patent License Agreement Rights and Restrictions of the Licensee. Intellectual property rights. Royalty and payment terms. Termination clause. Governing Law and Jurisdiction. Duration of license agreements. Exclusive Licensing. Non-exclusive Licensing.
Exclusive Licence grants to the licensee the right to use the intellectual property, but means that the licensor remains free to exploit the same intellectual property and to allow any number of other licensees to also exploit the same intellectual property.
A patent license agreement is a contract between a patent owner (licensor) and a licensee that defines the terms under which the licensee may make, sell, and use a patented invention. The agreement also provides how royalties will be paid to the patent owner.
For example, Apple and Microsoft have had cross-licensing agreements since the 1990s. The agreements between the two tech forces have covered design patents, technical software features and more, and at one point covered any patent filed by either company.
A standard license agreement usually includes provisions related to transferability of ownership, warranties, confidentiality, indemnification, and damages. The licensor may also include terms relating to copyright infringement in some cases.
Patents, trademarks, and copyrights are all forms of intellectual property that can be licensed. For example, patent licenses can be used for mechanical devices and systems, healthcare products and services, electronic hardware, computer software, chemical compositions, and business methods.
There are five key steps in learning how to license a patent for royalties. Step 1: Understand Your Market. ... Step 2: Find a Licensee. ... Step 3: Establish License Details. ... Step 4: Negotiate Your License. ... Step 5: Draft the License Agreement.
Licensing a patent simply means that the patent owner grants permission to another individual/organization to make, use, sell etc. his/her patented invention.