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There are three types of licences: Exclusive licences give the licensee the right to use the intellectual property to the exclusion of all persons including the licensor. In other words, only the exclusive licensee has the sole right to use the intellectual property rights licensed. Non-exclusive or ordinary licences give the licensee the right ...
Exclusive federal grant from U.S. Patent and Trademark Office allows inventor to prevent others from making, using, offering to sell, or importing the patented invention A patent is a grant from the government that gives an inventor the exclusive right to make, use, or sell his or her invention for a period of twenty years. Patents for designs, as opposed to those for inventions, are given for ...
In some cases, however, exclusive licensees are permitted, under the law, to grant sublicenses without express permission from the licensor. Footnote 20 As a result, it is prudent, whether drafting an exclusive or a nonexclusive license, to specify whether, and to what degree, the licensee may grant sublicenses.
Dec 1, 2011 · Less clear is the distinction between exclusive rights and sole rights. A common view (my own) is that a grant of sole rights should involve the grantor retaining the ability to exercise the rights itself, while undertaking to forbear granting the rights to others. But many contracts use the term to refer to a grant of exclusive rights.
Aug 27, 2013 · The grant clause should specify whether the license is exclusive to the licensee, or whether the patentee and the licensee will be in a co-exclusive relationship. The phrases "except as to licensor" and "even as to licensor" can be inserted into the grant clause to clarify the patentee's rights.
A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
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Sep 7, 2016 · Here is a typical grant clause that could be found in a license agreement – there are many ways to grant rights in a patent; the one below will suffice for illustrative purposes: “The Licensor hereby grants the Licensee an exclusive, royalty-bearing license in US Patent 9,999,999in the territory defined as the United States.”
