Can You Use Someones Patent
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Released 17 January 2008
We are often asked this question; hence I thought it would be useful if I set
out a short note on this.
There is a possibility that you can use someone's existing patent. Why?
Because, the rights in a patents just like most other intellectual property
rights can be sold (assigned) or licenced.
In fact in the UK if the owner of a patent advertises on the register of
patents at the UK Patent Office that he will allow a licence to be granted on
the use of his patent, the UK Patent Office will, in return, half the patent
owners’ renewal fees!
Owners of any Intellectual property rights are always open to ideas,
suggestions, and proposals on ways to exploit their Intellectual property. As
mentioned above licensing and assignments are two options. Licensing can often
open up a revenue stream for the patent owner and the patent owner may see his
patent being put to use, perhaps on a scale that he could not use or achieve
himself. Hence, the benefits of him licensing it.
How much to pay for the use of the patent, will your use be limited to a
given market/ territory, will you have sole use, exclusive use or non- exclusive
use, how long will the right last for, what will happen to any improvements that
you might make to the patent, what will happen if the patent is challenged or if
it is infringed, etc.?. All these questions need to be addressed before you can
make a decision on whether or not you want to obtain a licence to use someone's
is a solicitor specialising in commercial law.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2008-01-27 21:34:55 in Legal Articles