Patent Licensing and Selling


Book Description

Now in the Second Edition, Patent Licensing and Selling: Strategy - Negotiation - Forms has been completely updated and significantly expanded to include additional strategies for successfully monetizing a patent portfolio. Featuring hundreds of sample licensing clauses and provisions, Patent Licensing and Selling, Second Edition shows you how to draft fair and litigation-free patent license and patent purchase agreements that serve your clients' interests, satisfy other parties, and shield clients from legal exposure. The author helps you: -Avoid terms that trigger delays and disputes -Grant exclusive patent licenses and successfully buy or sell a patent portfolio -Retain the right to choose which markets to enter first -Swiftly bring licensed or purchased products to market -Protect against infringement of licensed or purchased patents -Set license duration and termination guidelines -Maintain the confidentiality of agreements It also provides direction on such other mandatory topics in a patent purchase agreement as: -Representations and warranties of both the buyer and the seller, including authority to sell, title to the patents, the validity and enforceability of the patents, any pre-existing licenses or other obligations affecting the patents, and notice of any other legal proceeding that might affect rights to the patents -Purchase price and payment requirements -Taxes -Closing requirements In addition Patent Licensing and Selling, Second Edition includes a complete discussion of the recently decided U.S. Supreme Court case, Bowman v. Monsanto, which held that patent exhaustion does not permit a farmer to reproduce patent-ed seeds through planting and harvesting without the patent holder's permission. Updated at least once a year, Patent Licensing and Selling: Strategy - Negotiation - Forms is a vital handbook for patent practitioners and other intellectual property attorneys, corporate counsel, corporate executives, patent officials, and inventors.




Fundamentals of Patenting and Licensing for Scientists and Engineers


Book Description

"This comprehensive book is the first of its kind to take scientists and engineers beyond simply getting a patent granted. Through the author's extensive technical background and experience in intellectual property licensing, it ties the many technical, legal and business aspects of patent enforcement to the innovation and patenting stage in the patent value chain, with the objective of helping inventors to create valuable patents that can be capitalized. In easy-to-understand language, this book covers various aspects, including basic concepts of patent laws and rules, innovation protection, patenting, patents post-granting and patent licensing. With over 40 tables, 70 figures, nearly 100 cases and examples, and a comprehensive index table, it serves as a practical handbook for inventors and patent practitioners. This second edition incorporates the latest changes in the America Invents Act (AIA), with additional case studies and illustrations throughout the book. For inventors who want to file patents by themselves, this new edition provides guidelines and step-by-step instructions on preparing and filing a US provisional patent application, while avoiding the pitfalls that commonly occur in do-it-yourself patenting."--




The Oxford Handbook of Intellectual Property Law


Book Description

A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.




Patent Challenges for Standard-Setting in the Global Economy


Book Description

Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.




Profit From Your Idea


Book Description

All you need to protect and profit from your invention You’ve got a great idea and you’re ready to strike it rich. Now, you need to find a company or partner you can trust, hash out a fair licensing deal, and get your idea to the marketplace. Profit From Your Idea will help you negotiate and draft a licensing agreement that protects your interests and maximizes your chances of earning a profit. With this all-in-one guide you’ll understand how to: navigate the licensing landscape protect your intellectual property rights sort out ownership rights work with licensing agents protect confidential information find and solicit potential licensees license overseas reveal your invention safely, and negotiate and update an agreement. The 10th edition is completely updated with the latest developments in licensing law and patent filing rules, and covers industry-standard Fair, Reasonable, and Nondiscriminatory (FRAND) licensing terms. With Downloadable Forms: download forms including license agreements, assignments, joint ownership agreements, and many more (details inside).




Exchanging Value


Book Description




Drafting Patent License Agreements


Book Description

Write & negotiate stronger patent license agreements, both domestic & foreign. This practical handbook, organized clause by clause with sample text & detailed commentary, is your best tool for eliminating uncertainty & getting what you want in a patent license agreement. The authors identify problematic language & show you how to tailor contract language to accomplish your goals. You get: . valuable insights into the legal & business aspects of every intellectual property contract . analysis of significant legal issues affecting your agreement . discussion of foreign agreements & their unique considerations . almost 200 sample forms including sample license agreements, confidential disclosure agreements, employment agreements, & more--all on disk in WordPerfect for your convenience . table of authorities & index.




Post-Grant Proceedings Before the Patent Trial and Appeal Board


Book Description

The America Invents Act created the Patent Trial and Appeal Board which is akin to the Board of Patent Appeals and Interferences and which will preside over various new proceedings designed to provide parties with a more effective venue in which to litigate patent validity. The most commonly used procedure will be inter partes review, which effectively replaces inter partes reexamination as of September 16, 2012. Other post-grant proceeding include Post-Grant Review and the Transitional Program for Covered Business Method Patents. Post-Grant Proceedings Before the Patent Trial and Appeal Board guides readers through the process of initiating a post-grant proceeding, taking discovery, seeking sanctions, proposing and opposing claim amendments, effectively advocating at the oral hearing, appealing to the Federal Circuit, and handling a wide array of issues involving co-pending district court litigation. Updated at least once a year, Post-Grant Proceedings Before the Patent Trial and Appeal Board is a comprehensive and indispensable resource for anyone involved in a proceeding before the Patent Trial and Appeal Board.




Licensing Standard Essential Patents


Book Description

What is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.




Patent Remedies and Complex Products


Book Description

Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.