Zusammenfassung der Ressource
PATENT LICENSE NEGOTIATION:
BEST PRACTICES
- PREPARING TO NEGOTIATE
- The Team. The deal team will
conduct due diligence and
negotiate the license.
- Initial Team MeetingIn In preparing for the
negotiation, the deal team should identify, assess
and prioritize the interests of their client
- The Term Sheet typically covers the major issues
in a potential deal in outline form, including:
thelicensed product or process.
- Deadlines. is important because it forces the other
party to reveal its true intentions and interests in
the licensing agreement.
- Drafting the contract.The drafting party may
be the licensor or the licensee.
- THE NEGOTIATION
- Valuation approache: the cost
method, the market method, and the
income method.
- Developmental stage of invention.: But high fees and
royalties can compromise the future market success of
the licensed technology
- Exclusivity and field of use: It is more advantageous for
licensors to grant multiple non-exclusive licenses
- Payment terms. There are several forms of
payment that licensing parties can negotiate to
compensate the licensor for the patented
technology.
- Rights to improvements. A licensee will want the right to use
any variation of the technology claimed in the patent