Patent Licensing
Refer to 35 U.S.C. 37 C.F.R., and AFI 51-303
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An agreement by the patent owner permitting a licensee (i.e. a third party) to practice (i.e. make, use or sell) the patented invention
in return for some valuable consideration (i.e. royalty).
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From government to private sector:
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A license may be granted on a pending patent application filed in the U.S. or foreign patent office or on an issued patent
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Can be exclusive or nonexclusive
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For a specific field use
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For a special geographical area
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U.S. or foreign usage
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Preference for U.S. industry and small businesses
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Licensee must present plans to commercialize the invention
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Government retains a nonexclusive, royalty-free worldwide Government purpose license to the invention
From private sector to government:
- Government may use private inventions for Government purposes subject to payment of reasonable compensation
- Must follow existing procurement rules and instructions
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