Patent Licences

By rachael.pluta | Updated: May 22, 2018, 1:16 p.m.

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What factors might a patentee consider when granting a patent licence?
A patent gives the patentee the exclusive rights, during the term of the patent, to exploit the invention and to authorise another person to exploit the invention.

s 13(1) Patents Act 1990 (Cth)
A 'licence' means a licence to exploit or to authorise the exploitation of a patented invention.
Patents Act 1990 (Cth) sch 1 (definition of 'licence')
STANDARD PATENT
LICENCE 
AGREEMENT

a deal!
It's
1. The scope of the licence
Factors for Consideration
2. The timing of payments and their method of calculation
3. minimum royalties payments
4. the consequences of failure of the patent
5. Who bears responsibility for taking infringement action or defending against an infringement action against a third party
1. The scope of the licence
2. The timing of payments and their method of calculation
3. minimum royalties payments
4. the consequences of failure of the patent
5. Who bears responsibility for taking infringement action or defending against an infringement action against a third party
Factors for Consideration
Exclusive Licence
Scope of the Licence
Exclusive Licensee
Patentee
All other persons
Sole Licence
Non-Exclusive Licence
Scope of the Licence
Exclusive Licence
Sole Licence
Non-Exclusive Licence
Exclusive Licensee
Patentee
All other persons
Licensee
Patentee
All other persons
Licensee #1
Patentee
Licensee #2
Licensee #3
Scope of the Licence
Exclusive Licence
Exclusive Licensee
Patentee
All other persons
Minimum Royalties
Including a minimum royalties provision ensures that, even if the licensee does not manufacture and sell the invention, the patentee will still receive the agreed upon royalties.
Minimum Royalties
There are no statutory rules, which govern the calculation of royalties nor are there any Australian cases on the calculation of a reasonable royalty.
Minimum Royalties
As patentees usually lack or are not prepared to invest time and effort in acquiring knowledge regarding the market for the contract product, and the income a reasonably efficient licensee should be able to generate by exploiting the licensed technology . . . 
Summary
Scope of the Licence
Exclusive Licence
Exclusive Licensee
Patentee
All other persons
Sole Licence
Licensee
Patentee
All other persons
Non-Exclusive Licence
Licensee #1
Patentee
Licensee #2
Licensee #3
A minimum royalties provision to protect their interest in receiving a reasonable income from the venture.

Patent Licences

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