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The contract stipulates the type of agreement, the length of the relationship, payments and royalties that are due and when, and the extent to which licensing is allowed. Licensing also allows both parties to retain control over certain facets of the deal, including exclusivity and how a product or service is marketed.
A patent is essentially a contract between a government and an inventor. The contract grants the inventor rights to exclude anyone else from making, selling or using the invention as defined in the patent for a definite period of time.
Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.
A licensing agreement is a contract between two parties (the licensor and licensee) in which the licensor grants the licensee the right to use the brand name, trademark, patented technology, or ability to produce and sell goods owned by the licensor.
A patent license is an agreement that lets someone else commercially make, use, and sell your invention for a specified period. The owner of the invention (patent) is the 'licensor,' and the person who is receiving the license is the 'licensee. ' Licensing deals involve payment for the license.
Options An option agreement gives the industry partner opportunity to evaluate the technology and its value prior to finalizing the decision to license it and pay the licensing fee. It should be noted that if you sign an option agreement you do not gain the rights to commercialize the technology.
The term 'assignment' and 'license' cannot be interchanged. A license is different from an agreement. Generally, in absence of any provision to the contrary, the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.
A patent license agreement usually gives a licensee, subject to certain restrictions, exclusive rights to produce, sell, and use a proprietary invention. The amount of royalty due by the licensee to the licensor would also be specified by a patent licence agreement.
This will include things like how much the licensor gets paid for every item sold (or some other type of financial compensation arrangement), whether there is any payment for the right to use the product itself, and much more....Scope of the AgreementExclusivity.Territory Rights.Guarantees of Sales.
The main difference between the two is that in a license the person granting permission (Licensor) retains an interest in the property being licensed, whereas in an assignment the assignor transfers his rights in the property being assigned.