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A patent is the license that grants exclusivity to an inventor, preventing others from copying the invention for 20 years. The New Mexico Invention Nonexclusive License Agreement offers a way for inventors to manage their rights while allowing others to use their inventions. This balance can foster innovation and collaboration within various industries. It's essential for inventors to navigate these agreements to ensure their rights are protected.
The two main types of licensing agreements are exclusive and nonexclusive licenses. An exclusive license grants the licensee exclusive rights to use the invention, while a nonexclusive license allows multiple parties to use the same invention. This distinction is crucial, especially when considering a New Mexico Invention Nonexclusive License Agreement, as it impacts your control and revenue opportunities.
Under the law, the general rule is that the copyright in and to the work product of an individual employee or independent contractor is owned by that individual unless an exception applies.
An exclusive license grants the licensee singular permission to exploit the intellectual property in question. No other entity, including the party granting the license (the licensor), is allowed to use the intellectual property covered by the license unless specific carve-outs are included in the agreement.
Patents and the Employment Relationship: Who Owns Them? The general rule is that, in the absence of an agreement to the contrary, an employer is entitled to a nonexclusive license to use an invention devised by an employee while he or she was working for the employer.
Although the employer is afforded a nonexclusive license to use the invention without paying royalties to the employee, the invention actually is owned by the employee. This employee has the right to exploit it commercially, typically by selling or licensing it to other users.
A copyright exclusive license is one in which ownership in one or more rights is transferred by the copyright owner. A copyright nonexclusive license occurs when the owner retains ownership of the copyright and/or may license the same right to others.
Non-exclusive licenses grant the licensee rights in the intellectual property but also allow the licensor rights to exploit the intellectual property in question including granting licenses to other entities. In general, non-exclusive licensees face competition from other licensees.
Exclusive license allows a licensor to share intellectual property with a licensee for a specific period of time that usually binds the licensor to not share the property with anyone else.
If the employee was hired for the specific purpose of inventing a defined product or process, the invention belongs to the employer. General inventions made at the employer's expense but not at the employer's specification are often not the property of the employer.