CC Public Patent License - Revision history

CCID-diane peters at 21:01, 2 November 2010

2010-11-02T21:01:40Z

CCID-diane peters at 20:46, 2 November 2010

2010-11-02T20:46:14Z

CCID-diane peters at 20:43, 2 November 2010

2010-11-02T20:43:27Z

CCID-diane peters at 20:42, 2 November 2010

2010-11-02T20:42:22Z

CCID-diane peters at 20:38, 2 November 2010

2010-11-02T20:38:02Z

CCID-diane peters: Protected "CC Public Patent License" ([edit=sysop] (indefinite) [move=sysop] (indefinite))

2010-10-19T16:19:21Z

Protected "CC Public Patent License" ([edit=sysop] (indefinite) [move=sysop] (indefinite))

Mike Linksvayer at 14:18, 29 September 2010

2010-09-29T14:18:04Z

Thinh at 00:36, 25 August 2010

2010-08-25T00:36:58Z

Thinh at 00:33, 25 August 2010

2010-08-25T00:33:40Z

Thinh at 00:30, 25 August 2010

2010-08-25T00:30:30Z

@@ Line 45: / Line 45: @@
 '''2. GRANT OF LICENSE'''
-.1 Subject to the terms and conditions of this Agreement and the License Data Record, Licensor grants to Licensee under the Licensed Patent Rights, in the Territory, and during the Term, a non-exclusive, non-transferable (except as expressly permitted in Section 9) license, without a right to sublicense, to make, use, sell, offer for sale, and import Licensed Products and to practice Licensed Processes, in each case, solely in the Field of Use.
+.1 Subject to the terms and conditions of this Agreement, the License Data Record and any Non Standard License Addendum, Licensor grants to Licensee under the Licensed Patent Rights, in the Territory, and during the Term, a non-exclusive, non-transferable (except as expressly permitted in Section 9) license, without a right to sublicense, to make, use, sell, offer for sale, and import Licensed Products and to practice Licensed Processes, in each case, solely in the Field of Use.
 .2 If the License Data Record contains a Specification, then subject to the terms and conditions of this Agreement and the License Data Record, Licensor grants to Licensee under the Necessary Patent Claims, in the Territory, and during the Term, a non-exclusive, non-transferable (except as expressly permitted in Section 9) license, without a right to sublicense, to make, use, sell, offer for sale, and import products that implement the Specification (or portions thereof) and to practice processes that implement the Specification (or portions thereof), in each case, solely in the Field of Use.

@@ Line 125: / Line 125: @@
 '''10.  ADDITIONAL CLAUSES'''
-Additional Clauses (if any) contained in the Licensed Data Record are hereby incorporated into this Agreement by reference. In the event of any conflict between the terms of this Agreement and the Additional Clauses, the terms of the Additional Clauses shall prevail.
+Additional Clauses (if any) contained in the Licensed Data Record (Addendum A) and any Non Standard License Addendum (Addendum B) are hereby incorporated into this Agreement by reference.  In the event of any conflict between the terms of this Agreement and the Additional Clauses, the terms of the Additional Clauses shall prevail.
 '''Addendum A'''

@@ Line 13: / Line 13: @@
 Patent licenses can be very complicated, particularly when complex commercialization and licensing strategies are involved. So it would be impossible for anyone to write a license that addresses everyone’s needs or fits every scenario. Instead, we developed this Model Patent License Agreement to be simple and easy to understand. It is intended to provide a simple standard model license to make patents available on reasonable and non-discriminatory terms: preferably free of charge and without unnecessary field limitations. If you need to implement a more complex licensing strategy, then this may not be the right tool for you. In any case, please consult your own attorney before making an offer. Creative Commons is not a law firm, so we cannot provide you with advice on whether to use this instrument or how to tailor it to suit your needs or business strategy.
-To use this Model Patent License Agreement, you need to supply some basic information, which is found in the License Data Record (see Addendum A). This information should be supplied in a standard electronic format for ease of reference, but you can use other formats if you wish. Some basic information is required in order to make a complete public license offer, while other fields may be optional. If you do not fill out the optional fields, then they will be defined by default provisions in the license. IN MOST CASES, THE DEFAULT OPTION ALLOWS FOR THE MOST PERMISSIVE AND FREE USE BY THE LICENSEE. For example, by default, there are no field of use restrictions, fees, or royalties. You may also add limitations to the offer itself, provided those limitations do not modify the terms or conditions of the license itself.  For example you may include an expiration date for the offer or (if you think reasonable) specify that anyone currently engaged in litigation with you that would otherwise give you grounds for terminating the license (see Section 5) may not accept the offer in the first place.
+To use this Model Patent License Agreement, you need to supply some basic information, which is found in the License Data Record (see Addendum A). This information should be supplied in a standard electronic format for ease of reference, but you can use other formats if you wish. Some basic information is required in order to make a complete public license offer, while other fields may be optional. If you do not fill out the optional fields, then they will be defined by default provisions in the license.  IN MOST CASES, THE DEFAULT OPTION ALLOWS FOR THE MOST PERMISSIVE AND FREE USE BY THE LICENSEE.  For example, by default, there are no field of use restrictions, fees, or royalties.  You may also add limitations to the offer itself, provided those limitations do not modify the terms or conditions of the license.  For example you may include an expiration date for the offer or (if you think reasonable) specify that anyone currently engaged in litigation with you that would otherwise give you grounds for terminating the license (see Section 5) may not accept the offer in the first place.
 If you wish to add non standard terms or conditions to the license, or otherwise change the license itself, then those additions/changes should not be added to the License Data Record but instead added to the Non Standard License Addendum (see Addendum B).

@@ Line 13: / Line 13: @@
 Patent licenses can be very complicated, particularly when complex commercialization and licensing strategies are involved. So it would be impossible for anyone to write a license that addresses everyone’s needs or fits every scenario. Instead, we developed this Model Patent License Agreement to be simple and easy to understand. It is intended to provide a simple standard model license to make patents available on reasonable and non-discriminatory terms: preferably free of charge and without unnecessary field limitations. If you need to implement a more complex licensing strategy, then this may not be the right tool for you. In any case, please consult your own attorney before making an offer. Creative Commons is not a law firm, so we cannot provide you with advice on whether to use this instrument or how to tailor it to suit your needs or business strategy.
-To use this Model Patent License Agreement, you need to supply some basic information, which is found in the License Data Record (see Addendum A). This information should be supplied in a standard electronic format for ease of reference, but you can use other formats if you wish. Some basic information is required in order to make a complete public license offer, while other fields may be optional. If you do not fill out the optional fields, then they will be defined by default provisions in the license. IN MOST CASES, THE DEFAULT OPTION ALLOWS FOR THE MOST PERMISSIVE AND FREE USE BY THE LICENSEE. For example, by default, there are no field of use restrictions, fees, or royalties. You may also add limitations to the offer itself, provided those limitations do not modify the terms or conditions of the license itself.  For example you may include an expiration date for the offer, or (if you think reasonable) specify that the offer is not available to parties with whom you are engaged in patent litigation or parties who are or have been infringing the patents being offered. We do not encourage you to impose other offer limitations beyond this. However, in some circumstances, it may be reasonable to specify that anyone currently engaged in litigation with you that would otherwise give you grounds for terminating the license (see Section 5) may not accept the offer in the first place.
+To use this Model Patent License Agreement, you need to supply some basic information, which is found in the License Data Record (see Addendum A). This information should be supplied in a standard electronic format for ease of reference, but you can use other formats if you wish. Some basic information is required in order to make a complete public license offer, while other fields may be optional. If you do not fill out the optional fields, then they will be defined by default provisions in the license. IN MOST CASES, THE DEFAULT OPTION ALLOWS FOR THE MOST PERMISSIVE AND FREE USE BY THE LICENSEE. For example, by default, there are no field of use restrictions, fees, or royalties. You may also add limitations to the offer itself, provided those limitations do not modify the terms or conditions of the license itself.  For example you may include an expiration date for the offer or (if you think reasonable) specify that anyone currently engaged in litigation with you that would otherwise give you grounds for terminating the license (see Section 5) may not accept the offer in the first place.
 If you wish to add non standard terms or conditions to the license, or otherwise change the license itself, then those additions/changes should not be added to the License Data Record but instead added to the Non Standard License Addendum (see Addendum B).

@@ Line 13: / Line 13: @@
 Patent licenses can be very complicated, particularly when complex commercialization and licensing strategies are involved. So it would be impossible for anyone to write a license that addresses everyone’s needs or fits every scenario. Instead, we developed this Model Patent License Agreement to be simple and easy to understand. It is intended to provide a simple standard model license to make patents available on reasonable and non-discriminatory terms: preferably free of charge and without unnecessary field limitations. If you need to implement a more complex licensing strategy, then this may not be the right tool for you. In any case, please consult your own attorney before making an offer. Creative Commons is not a law firm, so we cannot provide you with advice on whether to use this instrument or how to tailor it to suit your needs or business strategy.
-To use this Model Patent License Agreement, you need to supply some basic information, which is found in the License Data Record (see Addendum A). This information should be supplied in a standard electronic format for ease of reference, but you can use other formats if you wish. Some basic information is required in order to make a complete public license offer, while other fields may be optional. If you do not fill out the optional fields, then they will be defined by default provisions in the license. IN MOST CASES, THE DEFAULT OPTION ALLOWS FOR THE MOST PERMISSIVE AND FREE USE BY THE LICENSEE. For example, by default, there are no field of use restrictions, fees, or royalties. You may also add limitations to the offer itself (for example, an expiration date for the offer). In addition, you may specify that the offer is not available to parties with whom you are engaged in patent litigation or parties who are or have been infringing the patents being offered. We do not encourage you to impose other offer limitations beyond this. However, in some circumstances, it may be reasonable to specify that anyone currently engaged in litigation with you that would otherwise give you grounds for terminating the license (see Section 5) may not accept the offer in the first place.
+To use this Model Patent License Agreement, you need to supply some basic information, which is found in the License Data Record (see Addendum A). This information should be supplied in a standard electronic format for ease of reference, but you can use other formats if you wish. Some basic information is required in order to make a complete public license offer, while other fields may be optional. If you do not fill out the optional fields, then they will be defined by default provisions in the license. IN MOST CASES, THE DEFAULT OPTION ALLOWS FOR THE MOST PERMISSIVE AND FREE USE BY THE LICENSEE. For example, by default, there are no field of use restrictions, fees, or royalties. You may also add limitations to the offer itself, provided those limitations do not modify the terms or conditions of the license itself.  For example you may include an expiration date for the offer, or (if you think reasonable) specify that the offer is not available to parties with whom you are engaged in patent litigation or parties who are or have been infringing the patents being offered. We do not encourage you to impose other offer limitations beyond this. However, in some circumstances, it may be reasonable to specify that anyone currently engaged in litigation with you that would otherwise give you grounds for terminating the license (see Section 5) may not accept the offer in the first place.
-Together, the License Data Record and the CC Public Patent License will be become your public license offer. When such an offer is made available on your Web site, or through clearinghouses like GX, anyone eligible to accept the offer may accept it through a registration and acceptance process. As part of that process, the Licensee will supply the Licensee-specific information needed to complete the License Data Record. This process, and the transaction record, then completes the license agreement.
+If you wish to add non standard terms or conditions to the license, or otherwise change the license itself, then those additions/changes should not be added to the License Data Record but instead added to the Non Standard License Addendum (see Addendum B).
 '''CC PUBLIC PATENT LICENSE'''
@@ Line 161: / Line 163: @@
 k. Territory (optional): geographic limitations of the license,
-l. Offer Limitations (optional): any limitations associated with the offer, and
+l. Offer Limitations (optional): any limitations associated with the offer (these could include limitations on the offer itself, such as an expiration date, but should not include terms that change the terms or conditions of the license itself; if any such exist include those in Addendum B -- Non Standard License Addendum), and
 m. Additional Clauses
@@ Line 226: / Line 228: @@
 Additional Clauses (Optional)
 [[Category:Patents]]

← Older revision	Revision as of 16:19, 19 October 2010
(No difference)

← Older revision		Revision as of 14:18, 29 September 2010
Line 226:		Line 226:

	Additional Clauses (Optional)		Additional Clauses (Optional)
		+
		+	[[Category:Patents]]

@@ Line 119: / Line 119: @@
 No rights or forbearances are granted, or may arise (whether through implication, estoppel, exhaustion or otherwise) other than those expressly granted in this Agreement.
-EXCEPT FOR THE OBLIGATION TO RENDER CONSIDERATION (IF ANY) IN SECTION 3, THE INDEMNIFICATION OBLIGATIONS IN SECTION 7, AND INFRINGEMENT OF ANY TRADEMARK OR INTELLECTUAL PROPERTY RIGHT, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY OF ANY KIND WHATSOEVER TO THE OTHER ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE OBLIGATION TO RENDER CONSIDERATION (IF ANY) IN SECTION 3, THE INDEMNIFICATION OBLIGATIONS IN SECTION 7, AND INFRINGEMENT OF ANY TRADEMARK OR INTELLECTUAL PROPERTY RIGHT, IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY OF ANY KIND WHATSOEVER TO THE OTHER ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 '''10.  ADDITIONAL CLAUSES'''

@@ Line 43: / Line 43: @@
 '''2. GRANT OF LICENSE'''
-.1 Subject to the terms and conditions of this Agreement and the License Data Record, Licensor grants to Licensee under the Licensed Patent Rights, in the Territory, and during the Term, a non-exclusive, non-transferable (except as expressly permitted in Section 9) license, without a right to sublicense, to make, use, sell, offer for sale, and import Licensed Products and to practice Licensed Processes, in each case, in the Field of Use.
+.1 Subject to the terms and conditions of this Agreement and the License Data Record, Licensor grants to Licensee under the Licensed Patent Rights, in the Territory, and during the Term, a non-exclusive, non-transferable (except as expressly permitted in Section 9) license, without a right to sublicense, to make, use, sell, offer for sale, and import Licensed Products and to practice Licensed Processes, in each case, solely in the Field of Use.
-.2 If the License Data Record contains a Specification, then subject to the terms and conditions of this Agreement and the License Data Record, Licensor grants to Licensee under the Necessary Patent Claims, in the Territory, and during the Term, a non-exclusive, non-transferable (except as expressly permitted in Section 9) license, without a right to sublicense, to make, use, sell, offer for sale, and import products that implement the Specification (or portions thereof) and to practice processes that implement the Specification (or portions thereof), in each case, in the Field of Use.
+.2 If the License Data Record contains a Specification, then subject to the terms and conditions of this Agreement and the License Data Record, Licensor grants to Licensee under the Necessary Patent Claims, in the Territory, and during the Term, a non-exclusive, non-transferable (except as expressly permitted in Section 9) license, without a right to sublicense, to make, use, sell, offer for sale, and import products that implement the Specification (or portions thereof) and to practice processes that implement the Specification (or portions thereof), in each case, solely in the Field of Use.
 .3 The above licenses include the right to have made, except as otherwise specified by the License Data Record.