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In short, a patent license agreement is a legal contract created to define the terms under which a licensee may create, sell, and use a patented invention from a licensor (or patent owner). This agreement also spells out how royalties will be paid to the licensor/patent owner.
The patent protects the invention of the inventor and gives an exclusive right to the inventor over his/her invention and it also excludes others from using the invention. There is no such registration required.
Owning a patent or pending patent application is usually a condition for licensing. Without legal ownership rights to an invention, you do not have the right to stop others from making, using or selling the invention, and therefore do not have a valuable asset for which others are likely to want to pay.
A patent owner has the right to license the use of his patent to others. The license agreement is essentially a promise by the patent owner not to sue the licensee for using his patent; in return, the patent owner receives a royalty payment as agreed to between the parties.
According to the most recent statistics from the USPTO, approximately 52% of all patents filed in the U.S are approved.
In patent license, the licensee is needed to pay the royalty to the licensor for the entire duration of the license period. Whereas, Patent Assignment can be said to be an act of the patent owner wherein the owner transfers the exclusive rights of the patent permanently.
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
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'.
What is a patent licensing? Patent licensing agreements are contracts in which the patent owner (the licensor) agrees to grant the licensee the right to make, use, sell, and/or import the claimed invention, usually in return for a royalty or other compensation.
How to decide between types of licensing agreementsPatent Licensing. Patents cover science and innovation.Trademark Licensing. Trademarks are signifiers of commercial source, namely, brand names and logos or slogans.Copyright Licensing.Trade Secret Licensing.Exclusive.Non-exclusive.Sole.Perpetual.More items...?24-Oct-2019