Nine Potential Patent Licensing “No-Nos”




We’re two-thirds of the way through this series. So far we’ve covered:

1. Patent/Product Tying

2. Requiring the Licensee to Assign Back Subsequent Patents

3. Restricting the Right of the Purchaser of the Product in the Resale of the Product

4. Restricting the Licensee’s Ability to Deal in Products Outside the Scope of the Patent

5. A Licensor’s Agreement Not to Grant Further Licenses

6. Mandatory Package Licenses

Up next, over the next few weeks, I’ll finish by looking at:

7. Royalty Provisions Not Reasonably Related to the Licensee’s Sales

8. Restrictions on a Licensee’s Use of a Product Made by a Patented Process

9. Minimum Resale Price Provisions for the Licensed Products

Please stay tuned.


Written by:


Orrick, Herrington & Sutcliffe on:

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