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Jun 23, 2024 · Licensing a Patent allows the inventor to retain ownership while granting others the right to use, make, or sell the invention. Licensing can be exclusive (one licensee) or non-exclusive (multiple licensees). The inventor typically receives royalties based on sales or a fixed fee.
- Is Licensing A Good Option For Me?
- Determining The Feasibility of Getting A Licence
- Seeking Out Potential Licensees
- Approaching Licensees
- After Licensing
The licensing approach is often taken by those who do not have access to enough capital to independently manufacture and market their patented invention or simply have no interest in doing so themselves. Licensees pay licensors for the rights to manufacture and market the invention themselves, however, the rights still ultimately belong to the lice...
The next step in the licensing process is to determine whether your patented invention would be desirable to potential licensees. There are several criteria that should be considered to establish feasibility of licensing, with the most significant being patentability, marketability, and profitability. The first consideration to be assessed is paten...
After you have determined whether your invention has licensing potential, you must seek licensees who are willing to purchase a licence and manufacture and market the invention. To find licensees for your invention, consider doing the following: 1. Assess the current market and the stakeholders within it, and ask yourself the following questions: W...
As the patent application process is sometimes lengthy, it is beneficial to begin seeking a licence after your patent application has been filed rather than waiting until a patent issues. Before disclosing still confidential details of your invention at this stage, however, you may want to consider requiring that potential licensees sign a non-disc...
After a licensing agreement has been secured, it is important to ensure that your patent is maintained in force by paying any required maintenance fees as they come due. Failure to maintain your patent could result in termination of your licensing agreement. It may also be necessary to monitor whether your patent is being infringed, as enforcing th...
Aug 27, 2024 · What is granted is not the right to make, use, offer for sale, sell or import the invention, but the right to stop others from doing so. If someone infringes on your patent, you may initiate legal action. U.S. patents are effective only within the U.S. and its territories and possessions. Types of patents. These are the three types of patents:
- Nature of rights. The patent grant confers “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.”
- Patent marking and patent pending. A patent owner who makes or sells patented articles, or someone who does so with the owner’s permission, may notify the public that the article is patented by marking the articles with the word “patent” and its patent number.
- Patent term extension and adjustment. The terms of certain patents may be extended or adjusted under 35 U.S.C. 154(b). Extension or adjustments result from certain delays in a pending patent application.
- Maintenance fees. After the USPTO issues a utility patent, the patent owner must periodically pay fees to maintain the patent in force. No fees are required to maintain a design or plant patent in force.
Feb 5, 2019 · Licensing involves a legal written contract where you the owner of the patent are the licensor, who grants rights to your patent to a licensee, the person that wants to license your patent. Those rights can include: the right to use your invention, or copy and sell your invention. When licensing you can also write "performance obligations" into ...
- Mary Bellis
This means that if you have a patent, you can shut others out of the market and have a monopoly over your product or technology. Patents typically last 20 years for utility patents and 15 years for design patents. They require that you file a patent application with the United States Patent and Trademark Office. This can be a complicated and ...
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Aug 27, 2013 · Overview. Patent licenses are one of the primary tools for commercializing patent rights. When well drafted, a license agreement can be the source of substantial income for the licensor and tremendous business opportunity for the licensee. When poorly drafted, it can be the source of significant confusion and angst.
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