The Patent License Agreement is a crucial document used when a patent owner (licensor) wishes to grant another party (licensee) the right to use their patented technology while retaining ownership of the intellectual property. This agreement type is particularly important in Switzerland, a hub for innovation and intellectual property, where it must comply with both the Swiss Federal Act on Patents for Inventions and the Swiss Code of Obligations. The document typically contains detailed provisions on license scope, territory, royalty calculations, quality control, and reporting requirements. It's commonly used in various scenarios, from straightforward single-patent licenses to complex cross-licensing arrangements between multiple parties. The agreement must carefully balance the interests of both parties while ensuring compliance with Swiss competition law and international patent conventions.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, including brief description of the patent(s) and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Patents', 'Territory', 'Field of Use', etc.
4. Grant of License: Scope of the license, including whether exclusive or non-exclusive, territory restrictions, and field of use limitations
5. License Fees and Royalties: Financial terms including upfront payments, running royalties, and payment terms
6. Reports and Audits: Requirements for reporting sales/usage and provisions for auditing by licensor
7. Protection of Patent Rights: Obligations regarding maintenance, enforcement, and defense of the licensed patents
8. Representations and Warranties: Standard warranties regarding patent ownership, right to license, and validity
9. Confidentiality: Provisions protecting confidential information exchanged under the agreement
10. Term and Termination: Duration of the agreement and circumstances allowing termination
11. Post-Termination Obligations: Obligations surviving termination and wind-down provisions
12. General Provisions: Standard boilerplate including governing law, dispute resolution, and entire agreement
1. Improvements: Provisions regarding rights to improvements made to the licensed technology, used when ongoing development is expected
2. Sublicensing Rights: Terms governing the licensee's right to sublicense, included when sublicensing is permitted
3. Manufacturing Requirements: Specific requirements for manufacturing licensed products, relevant for manufacturing licenses
4. Quality Control: Standards and inspection rights for quality assurance, important for brand-sensitive products
5. Export Control: Provisions regarding export regulations, needed for international licenses
6. Patent Marking: Requirements for marking products with patent numbers, relevant for physical products
7. Technology Transfer: Terms for technical assistance and knowledge transfer, needed when technical support is part of the deal
1. Schedule A - Licensed Patents: Detailed list of licensed patents including patent numbers, jurisdictions, and status
2. Schedule B - Licensed Products: Specific description of products covered by the license
3. Schedule C - Royalty Calculations: Detailed methodology for calculating royalties, including any special terms or exceptions
4. Schedule D - Technical Specifications: Technical requirements or specifications for licensed products
5. Schedule E - Territory Definition: Detailed description of geographic territories where license applies
6. Appendix 1 - Form of Royalty Report: Template for required periodic royalty reports
7. Appendix 2 - Quality Control Standards: Detailed quality control requirements and procedures
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Electronics
Telecommunications
Automotive
Chemical
Medical Devices
Research & Development
Software
Consumer Products
Relevant Teams
Legal
Intellectual Property
Research & Development
Finance
Commercial
Business Development
Technical Operations
Compliance
Product Development
Innovation
Relevant Roles
Chief Technology Officer
Intellectual Property Counsel
Patent Attorney
Licensing Manager
Research & Development Director
Innovation Manager
Legal Counsel
Commercial Director
Business Development Manager
Technology Transfer Officer
Chief Financial Officer
Compliance Officer
Technical Director
Product Development Manager
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