Patent Licensing
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The document discusses various types of patent licensing including exclusive, non-exclusive, and royalty-free licenses. It describes key components of a patent license agreement such as background, definitions, license grants, royalties, technical assistance, warranties, terms, termination, recording, and obligations of parties. The document also discusses licensing strategies, antitrust considerations, compulsory licensing, and tips for negotiating patent license agreements.
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1. The basics of international patent law, including that patents only apply within the granting country and most countries follow a "first to file" system.
2. Important international treaties like the Paris Convention, Patent Cooperation Treaty (PCT), and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The PCT allows filing a single international patent application.
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A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention.
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- Patent applications undergo an examination process before being granted for a limited period of time (usually 20 years). Patents are territorial rights within the granting country or region.
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The document provides information about the patenting system in India. It defines what a patent and invention are, explains the criteria for patenting including novelty, inventive step, and industrial application. It describes the patenting process in India, including who can apply, where to apply, fees, and the stages from filing to grant of a patent. It also discusses what is not patentable in India and provides examples of patent infringement cases like Apple vs Samsung and Novartis' patent plea.
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Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
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Failing to properly define key terms of an intellectual property license can lead to problems. Licensors should ensure licenses clearly specify the intangible assets, rights, territory, exclusivity, term, restrictions, enforcement provisions, termination rights, post-termination obligations, ways to structure payments, diligence duties, representations and warranties, and recordation obligations. Without addressing these important issues, licenses risk being improperly granted, ambiguous, or failing to protect the interests of both parties.
Patent challenge presentation
The patent licensing occurs when the licensor (patent holder) grants exploitation rights over a patent to a licensee for royalty or a lump sum payment. A licensee can challenge the validity of a licensed patent to avoid paying royalties, though there are some limitations, such as not being able to challenge after failing to pay royalties. The Supreme Court's MedImmune v. Genentech decision found that licensees can challenge licensed patents even while continuing to pay royalties, increasing licensees' freedom to challenge validity. Licensors may respond by negotiating higher royalties, up-front payments, or termination clauses.
ECE_Licensing _Lec goof forf iosh oos p1.1.pptx
A license from a patentee which confers on the licensee the right to exclude all other, including the patentee, from making, using or vending the patented invention or process.
An exclusive license supports monopoly of businesses in the longer run by giving exclusive rights to manufacture and sell the patented product to the licensee. The patentee loses rights to independently manufacture and sell during the license period.
licensing.ppt
Licensing is a contractual arrangement where a licensor allows a licensee to use their technology, patents, trademarks, designs, processes, know-how, or intellectual property for a fee. It differs from a government license. Franchising is a type of licensing where the licensor licenses a complete business plan to the licensee while maintaining control over standards. Reasons for licensing from the licensor's perspective include lacking resources to directly exploit a market, testing a new market, monetizing an invention, addressing small market sizes, and avoiding political risks. However, licensors must be cautious of licensees becoming competitors or further developing the technology. The licensee benefits from getting access to intellectual property quickly, cheaply, and
licesansing.ppt
Licensing is a contractual arrangement where a licensor allows a licensee to use their technology, patents, trademarks, designs, processes, know-how, or intellectual property for a fee. It differs from a government license. Franchising is a type of licensing where the licensor licenses a complete business plan to the licensee while maintaining control over standards. Reasons for licensing from the licensor's perspective include lacking resources to directly exploit a market, testing a new market, monetizing an invention, addressing small market sizes, and avoiding political risks. However, licensors must be cautious of licensees becoming competitors or further developing the technology. The licensee benefits from getting access to intellectual property quickly, cheaply, and
Model license ageement
This document outlines key considerations for drafting a technology license agreement, including:
- What can be licensed (patents, know-how, copyrights, designs) and license types (exclusive, non-exclusive, sole)
- Defining the licensed technology and its permitted uses
- Scope of the license (make, use, sell, import, distribute, sublicense rights)
- Payment terms (royalties, lump sums, minimum annual payments, milestones)
- Provisions for improvements, infringement, term and termination
- Dispute resolution, choice of law, warranties, indemnities, and recordal of the license
Model license ageement
This document outlines key issues to consider when drafting a technology license agreement. It discusses what types of intellectual property can be licensed (patents, know-how, copyrights, designs), the scope of the license granted, important parties, payment terms, infringement provisions, term and termination, dispute resolution, competition law considerations, warranties, and recordal of the license. Key points covered include defining the licensed technology, exclusivity, field of use restrictions, ownership and licensing of improvements, royalty structures, termination rights, applicable laws, and ensuring the agreement complies with competition regulations.
Patent.License.v4
The document provides an overview of essential elements for effective patent licensing agreements in under 60 seconds. It discusses determining royalty rates based on profit margins, adjusting rates based on economic factors like sales history and market competition, including provisions for auditing, improvements, minimum payments, terms and dispute resolution. The goal is to educate about basic considerations for patent licensing.
Rushing to Outsource Pharmaceutical R&D to India? Consider a host Intellectua...
Rushing to Outsource Pharmaceutical R&D to India? Consider a host Intellectua...BioAsia: The Global Bio Business Forum
This document discusses intellectual property issues that a pharmaceutical company should consider when outsourcing R&D to India. It outlines customer concerns regarding IP ownership, trade secrets, inventions, and litigation. The key risks are theft of IP, lack of statutory protection for trade secrets, differences in patent law standards, and a lengthy litigation system in India. The document recommends addressing these risks through thorough due diligence of contractors and strong contractual provisions governing IP ownership and dispute resolution.Licensing Theory And Practice
This document discusses four lessons learned in handling license agreements:
1) Licenses always entail some risk to the licensee's freedom to operate as the licensee does not have complete control over the intellectual property.
2) Complex license structures can invite misunderstanding between the licensor and licensee.
3) Business people and lawyers may have different interests in structuring agreements, with lawyers focused on contingency and business people on timelines.
4) When negotiating, understand both sides' cost-benefit considerations, such as expected damages, legal fees, and the negotiation range.
End User License Agreement Style 17
Third Party software product licenses and services resold by VMware are provided by the manufacturer under its own end user license agreement and services terms.
Download at: https://templateshunter.com/business-operations/end-user-license-agreement-style-17.html
Licensing Resources
The document summarizes resources for researching technology licensing information. It discusses determining information needs, accessing information efficiently, evaluating sources critically, incorporating information, and understanding issues around information use. It provides an overview of areas licensing intersects like law, contracts, intellectual property, and business. It also outlines types of licensing agreements and technology transfer mechanisms. The document recommends sources for licensing information, including treatises, journals, legal publishers, professional societies, blogs, and more. It emphasizes using both legal and general search tools to research licensing topics.
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Presentation made on July 29 2009 in Centurion, RSA to attendees from Innovation Fund, DST and other related people. The presentation paid specific attention to the interaction between patent professionals and the technology transfer process in publicly-funded research institutions..
Introduction to IP and technology licensing for technology executives by Fas ...
The document provides an overview of intellectual property (IP) licensing for technology companies. It defines different types of IP and explains why companies may choose to license their IP rather than sell it outright. The summary discusses the key components and attributes of IP licensing agreements, including defining the licensed IP, payment structures, exclusivity levels, improvements, and termination clauses. It emphasizes the importance of understanding both perspectives in negotiations to establish mutually beneficial long-term relationships between licensors and licensees.
Licensing of Technology in IPR
Intellectual property refers to creations of the mind such as inventions, artistic works, and symbols. There are several types of intellectual property including patents, copyrights, trademarks, trade secrets, and designs. Technology licensing involves an agreement where one party receives the right to use another party's intellectual property in exchange for compensation. Key components of technology licensing agreements include defining the licensed intellectual property, payment terms, rights to improvements, provisions for transferring or terminating the agreement, and resolving disputes.
NLG Licensing CLE
This document provides an overview of intellectual property licensing. It discusses what can be licensed including patents, technology, products and services. It also explains why companies license including to generate revenue, define priorities if disagreements arise later, gain legal protection, and leverage joint capabilities. The document outlines different types of licensing agreements such as exclusive, non-exclusive, manufacturing, and joint development licenses. It concludes by noting some potential pitfalls in licensing like failing to use confidentiality agreements and issues around termination, ownership, and bankruptcy.
Nanotechnology Business Model
A Step-by Step Guide to Starting a Nanotech Business
Objective: To build a viable business selling nanotechnology to make profit
How to:
1. Set up your nanotech business structure.
2. Raise financing, receive government grants and tax breaks.
3. Hire developers, employees, subcontractors and suppliers.
4. Protect ownership of your intellectual property in nanotechnology.
5. Use open innovation to enhance R&D.
6. Commercialize your nanotechnology by licensing and distribution.
negotiating issues_Negotiating licenses [compatibility mode]
This document discusses various methods and considerations for valuing intellectual property for licensing negotiations. It covers cost-based, market-based, and income-based valuation approaches, and notes issues with each. It also discusses determining strategic value and strengthening leverage prior to negotiations through activities like prototyping and securing financing. The document provides checklists for licensing preparations and covers specific issues like research and development obligations.
Patent Licensing - Why and How?.pdf
Patent licenses are necessary to enable companies to commercialize and share patented technologies. They allow other parties to use a patented invention in exchange for payment, helping patent owners monetize their inventions. Patent licenses are needed to commercialize technologies, share technology between companies, avoid costly litigation, enter new markets requiring certain patents, and access technologies needed for innovation. The document then provides guidance on determining licensing goals, conducting market research, preparing a licensing agreement, negotiating terms, and enforcing the license.
Ip licensing
The document discusses intellectual property licensing. It defines licensing as an agreement where the IP owner (licensor) allows another person (licensee) limited use of the IP. There are different types of licensing including exclusive, sole, and non-exclusive. Developing an effective licensing strategy involves protecting the IP, finding the right licensee, assessing foreign markets, and negotiating a fair contract covering compensation, territory, conditions, and more. Franchising is also discussed as a type of licensing where the franchisor's business system is licensed in exchange for fees.
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Patent Licensing
- 1. Patent Licensing Hasit Seth Pune, India hasits a-t gmail.com