The Impact of the Patent Exhaustion and Implied License Doctrines on License Negotiations

Nothing should be left to chance when drafting patent licenses. Indeed, the parties on both sides of the transaction have a keen interest in eliminating ambiguities. This is particularly true with respect to the scope of the license grant. The licensor must be reasonably assured that it has not inadvertently given away more than what was bargained for. On the other side, the licensee must be reasonably assured that it may use the patent as it intended without being sued for infringement.

13 minute read October 01, 2003 at 11:39 AM
By
Christopher D. Joslyn
The Impact of the Patent Exhaustion and Implied License Doctrines on License Negotiations

Nothing should be left to chance when drafting patent licenses. Indeed, the parties on both sides of the transaction have a keen interest in eliminating ambiguities. This is particularly true with respect to the scope of the license grant.

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