Patent (U.S.) (closing) Granting the federal government`s right to the inventor to exclude others from the production, use or sale of his invention. In the United States, there are three types of patents: a standard patent for use goods on the functional aspects of products and processes; A design that patents the ornamental design of useful objects; and a plant patent on a new variety of live plants. Patents do not protect ideas, but only structures and methods that use technological concepts. Any type of patent gives the right to exclude others from a well-defined scope of technology, industrial design or plant variety. In return for the right to exclusion, the inventor must fully disclose the details of the invention to the public so that others can understand it and use it to develop the technology. When the patent expires, the public has the right to make and use the invention and has the right to obtain full and complete disclosure of how to do so. A checklist that contributes to the negotiation of a licensing agreement, let alone the preparation and establishment of the agreement itself, may seem like a simplified instrument for an experienced negotiator or contract lawyer. After all, most people in such positions are well trained and accustomed to dealing with several projects that have a lot of detail in the scientific, legal and commercial arena at the same time. If they did not have the jurisdiction to handle this type of work situation, they would not last long in a high-pressure licensing environment. But it is precisely because of the innumerable details that a checklist for the licensee or lawyer who works can save lives (or dealer).
Since most of the people involved in deal-making participate in multiple deals at the same time, important aspects can be forgotten or forgotten at any time and for each deal. One of the simplest ways to ensure that a decisive or costly error does not occur because of an error is to use a tool like the checklist presented here. This section discusses all improvements made and/or patented by the donor or licensee over the life of the licence (by whom and for whom) and obligations that exist in the agreement, namely whether future technologies are included in this license or whether future technologies are covered by the protection of the donor`s rights. In some cases, either or all of the parties do not want their name to be used in licensed products that are advertised or sold, as this indicates that the licensing institution recommends these products. If that is the case, it should be stated in the agreement. License (close) A license for the use of an IP right within a defined time frame, context, market line or area. There are important distinctions between exclusive and non-exclusive licenses. An exclusive license is “exclusive” for a defined area, i.e.
the license may not be the only license granted for a particular IP asset, as there may be many possible fields and areas of use that may also be subject to an exclusive license. By granting an exclusive license, the licensee promises that it will not grant other licences to the same rights in the same area or field that falls under the exclusive license. The IP rights holder may also grant any number of non-exclusive licences covering rights to a defined extent.
