Harvard offers certain materials (usually organic research materials) for commercial use on a non-exclusive basis. Some materials, such as Z.B. Souris, are generally offered on a flat-rate basis or with fixed annual payments; others, such as hybrid cell lines, also include licensed payments. Typical agreements for both types of hardware licenses are listed below. As a general rule, a patent licensing agreement grants a licensee exclusive rights to produce, sell and use a patented invention subject to certain conditions. A patent license agreement also sets out the amount of royalties that the licensee owes to the licensee. Priori`s patent licensing agreement can help you understand the important concepts that contractors should include in their patent licensing agreements and how these conditions work together in the document. More information on intellectual property licenses, patent licenses and the difference between patent licenses and contracts can be found here. You can also look here at a model for the draft patent award contract. The patent licensing agreement regulates the relationship between the licensee and the licensee: it defines the rights granted to the licensee, compensation to the licensee, the party responsible for the application of the patent against infringements, such as improvements to the patented technology or the procedure, whether by the donor or the taker , and the terms of early termination of the licence. A patent licensing agreement is governed by contract and patent law as well as national, federal and even national law. Moreover, since a patent confers monopoly power over new and useful inventions, the potential for stifling innovation and competition is inherent in patents and patent licenses.
Therefore, the parties should be careful not to include provisions that unduly restrict competition or innovation to ensure that the agreement is not subject to an investigation of cartels and abuse of dominance. In the event of a significant disagreement over the terms of an agreement, the parties may take the issue of arbitration. Arbitration can be done in many different ways and it is easier to use the rules of arbitration in the agreement before there is a problem. Notice of proposed third-party products – In the case of an exclusive license granted in all or in many areas, the licensee may first focus on a limited number of products or uses for the technology granted. In order to support Harvard`s mission to promote the common good by commercializing Harvard`s technology as widely as possible, Harvard may include provisions similar to those in the link below, to encourage a taker to develop third-party products or to sublicate the Harvard patent licensee`s rights to a third party to enable the development and commercialization of additional products.