Intellectual Property Transactions
ELO collaborates with our clients in negotiating complex transactions, covering varying subject matter, from cutting-edge technologies to highly-creative artistic works. We provide essential technical, product and competitive insight and strategies to secure optimal results for our clients.
Patent and Technology licensing involves the granting of permission by a licensor –i.e. the patent owner– to a licensee –i.e. an interested party– to make, use, sell or offer for sale their patented invention.
In addition to general licensing concepts such as specifying the license grant and the consideration provided in exchange for the grant, a patent license has its own special set of issues. For example, a patent license must address the sharing and development of technology and technical expertise during the term of the license agreement. It is critical for the licensing agreement to specify whether the license includes access to related know-how and showhow; the procedures for the handling of proprietary information exchanged during the relationship; and the ownership of and future licensing interests in the event further technology is developed by one or both of the parties during the course of the relationship.
A patent license must also address the proper marking of the product utilizing the licensed invention –as per patent law–, as well as identify the party responsible for such proper marking. Distinctive marking puts potential infringers on notice that the licensed invention is protected. Conversely, mismarking – i.e. the marking of an invention that is not protected under the patent laws – is unlawful.
ELO’s patent practice has extensive experience with a wide array of patent licensing services. Contact us for additional information or to schedule a consultation today.
If you are seeking an intellectual property attorney, or if you are interested in trademark, copyright, or patent-related legal counsel, contact ELO to schedule your free 15-minute consult today!
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Legal Notice: Any information herein does not constitute legal advice or endorsement. All posts are for informational purposes only, as there are many factors and complexities that come into any legal matter, including patenting an idea. ELO always recommends you consult with a qualified attorney if you want legal advice for your particular situation.
No attorney-client or confidential relationship exists by simply reading and applying the information or steps stated in any article herein.