The Exclusive Patent Licence Agreement is essential when a patent owner wishes to grant another party sole rights to commercialize their patented invention. This agreement, governed by English and Welsh law, particularly the Patents Act 1977, establishes the exclusive relationship between the licensor and licensee, defining commercial terms, territorial scope, and technical requirements. It's commonly used in technology transfer, research commercialization, and industrial applications where exclusivity is crucial for market advantage. The agreement must comply with UK competition law and include specific provisions for patent maintenance, royalty payments, and quality control.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement including patent details and purpose of the licence
3. Definitions: Key terms used throughout the agreement including technical and legal definitions
4. Grant of Rights: Scope of the licence, territory, and field of use specifications
5. Payment Terms: Royalties, fees, payment mechanisms and schedules
6. Maintenance and Prosecution: Responsibilities for maintaining and prosecuting the patent
7. Term and Termination: Duration of the agreement and circumstances for termination
8. Warranties and Indemnities: Legal guarantees and protection provisions for both parties
1. Improvements: Provisions for handling improvements to the patented technology and associated rights
2. Sub-licensing Rights: Terms and conditions for granting sub-licenses to third parties
3. Quality Control: Standards and requirements for licensed products or processes
4. Regulatory Compliance: Specific regulatory obligations and compliance requirements
1. Schedule 1 - Patent Details: Detailed specification of the licensed patent(s) including patent numbers and jurisdictions
2. Schedule 2 - Licensed Products: Comprehensive description of products or processes covered by the license
3. Schedule 3 - Royalty Calculations: Detailed methodology for calculating royalties including base rates and adjustments
4. Schedule 4 - Technical Documentation: Technical specifications, requirements and any associated know-how
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