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Post a Job on UpCounsel and get high quality legal work done. Subscribe to our blog Sign Up. Follow us:. How to License a Patent 8 years ago. Patent Outlook In , there were , patent applications published — largely to utilities. Tailor-made agreements, built on common principles Accessing Harvard innovations should be as straightforward as possible.
Browse Technologies. Basic exclusive license Sample License Agreement With Exclusive Patent Rights A note on global access —Development of technologies borne from Harvard patent rights may lead to licensed products that could result in significant public health benefits in developing countries. Global Access Language A note on third-party proposed products —In the case of an exclusive license granted in all or many fields, the licensee may initially be focused on a limited number of products or uses for the licensed technology.
Third-party Proposed Products Language Nonexclusive license Sample Nonexclusive License for patent rights Copyrighted software license This type of agreement enables Harvard researchers who are starting a new company to easily license non-patentable, copyright-protected software that they have developed in the course of faculty-led research efforts.
Sample License Agreement for Copyrighted Software Materials licenses Harvard offers certain materials usually biological research materials for commercial use on a non-exclusive basis.
Sample Materials License — Royalty-based Sample Materials License — Flat-fee-based Basic option agreement Harvard also offers option agreements to companies that are considering licensing a Harvard technology.
Basic Option Agreement Other types of agreements To view sample confidentiality agreements, material transfer agreements, or research collaboration agreements, please return to our Sample Agreements page. The term definitions section of the agreement is crucial. It must be very clear and make sense even years into the future so that it can be easily interpreted. In good faith, the agreement can include guaranteed royalties, which are those that need to be paid within a specified amount of time.
It can also include a specific amount of money on marketing or research and development. This will demonstrate you effort to produce and sell your product per the terms in the agreement, particularly within an exclusive agreement. The granting of a license is exclusive and provided to certain markets and territories in various countries.
You will need to include those who are to be responsible for any product improvements, as well as who is charged with paying for product improvements. Other terms that should be included in a license agreement include training and cooperation. You must also make all clauses and terms clear. Also, make sure you include what is and is not allowed within the agreement and under which conditions those allowances are permitted.
You must also be sure to cover the march in rights. A license agreement should have a licensor reservation, such as own or use. He or she will also disclose trade secrets and business plans , as well as other pieces of sensitive information to the licensee. The protections of this information must be included in the license agreement.
If it is your job to create a license agreement, you can download a checklist of everything that should be included. While it may be obvious what to include, the information in the checklist can save you copious amounts of time when drafting the document.
A checklist will help keep your information in one place, such as the all of the contact information for the negotiating parties, all legal addresses and telephone numbers, and any other pertinent information.
Not everyone will need to use these clauses. They may want to include the background information in a separate set of clauses that use language that are specific to the terms of the agreement. Premade agreements are often missing important information that may prove to be very important when the time comes for each party to perform its duties under the agreement. So, we recommend spending the extra money upfront to hire an experienced attorney draft your patent license agreement to avoid costly legal situations down the road.
A patent license agreement lasts for as long as the parties agree for the agreement to last. The terms of a patent license agreements are agreed upon by both parties, the agreement usually spells out the term for how it will last. When drafting a patent license agreement, a patent holder must first determine what type of license he wants to give to the other party licensee.
There are two main types of patent license agreements: Exclusive license agreement and non-exclusive license agreements. An exclusive license agreement is one where the patent holder transfers to the licensee the exclusive right to use, make, sell, and import the patented invention to the United States.
Said differently, in an exclusive license agreement, the patent holder transfers all rights to make, use, and sell the patented invention to the licensee. In a non-exclusive license agreement , the patent holder transfers to the licensee the right to use, make, sell, and import the patented invention while the patent holder retains keeps the right to use, make, and sell the patented invention.
Said differently, a non-exclusive patent agreement merely allows the licensee permission to use, make, and sell the patented invention.
However, with this type of agreement, the patent holder retains the right to license the use of his invention to others. Make sure that you or your attorney clearly define the terms of payment. However, make sure that you unpack what percentage of profits or sales means. You need to add enough detail to flesh out what happens in certain situations, such as when the product is offered at a discount.
This is where your attorney will focus most of his attention and you should too because many disputes happen over payment details.
At the end of the day, every situation is different. They have experience and are best suited to assist you. Absolutely, yes!
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