Maryland Patent Forms - Maryland Patent Application

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

Maryland 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 two parties that grants permission for one party to use another party's intellectual property, such as trademarks, patents, or copyrights, in exchange for payment or other agreed-upon terms. In Maryland, licensing agreements are commonly used by businesses and individuals to protect their intellectual property rights while allowing others to use their creations for specific purposes or limited time periods. These agreements help ensure fair compensation for the original creators and provide legal protection against unauthorized use or infringement.


Elements of a Licensing Agreement

A licensing agreement is a legal document that outlines the terms and conditions of a licensing relationship between a licensor (the owner of intellectual property) and a licensee (the party receiving the license). In Maryland, the elements of a licensing agreement include the identification of the intellectual property being licensed, the scope of the license (such as whether it is exclusive or non-exclusive), the rights and responsibilities of both parties, the duration of the license, and any financial terms such as royalties or license fees. It is important for both parties to carefully review and negotiate the licensing agreement to ensure all terms are fair and agreed upon.


When is a Licensing Agreement Needed?

A licensing agreement is needed when one person or company wants to allow another person or company to use their intellectual property, like copyrights or trademarks, in exchange for payment or some other form of consideration. This agreement helps protect the original creator's rights and ensures that the licensee can legally use the intellectual property. In Maryland, a licensing agreement is required when the owner wants to grant permission for someone in the state to use their intellectual property for any commercial purposes. This agreement outlines the terms, conditions, and limitations of use, aiming to establish a clear understanding between the licensor and licensee.


Types of Licensing Agreements

Types of licensing agreements in Maryland are legal contracts that allow one party (the licensee) to use the intellectual property or product of another party (the licensor) in exchange for a fee or royalty. There are various types of licensing agreements, such as technology licensing agreements, patent licensing agreements, copyright licensing agreements, and trademark licensing agreements. These agreements give the licensee the right to use the licensed property or product within a specific timeframe and in a particular geographic area. The licensor, on the other hand, benefits from receiving compensation for their intellectual property or product. Licensing agreements can be advantageous for businesses as they provide an opportunity to expand their market presence by allowing others to utilize their intellectual property or product.


Licensing Agreement Fees and Royalties

A licensing agreement is a legal contract between two parties, where one party grants permission to the other party to use their intellectual property, such as patents, copyrights, or trademarks. In return, the party using the intellectual property pays fees and royalties to the owner. In Maryland, licensing agreement fees can vary depending on the specific terms agreed upon by the parties involved. These fees and royalties serve as compensation for the owner of the intellectual property for allowing others to use and profit from their creations. It is important for both parties to carefully negotiate and outline the terms of these agreements to ensure fairness and protection of their rights.