Patent License - Revision history

Mike Linksvayer at 14:21, 29 September 2010

2010-09-29T14:21:19Z

Thinh: Replaced content with 'See Model Patent License or Patent License Design'

2010-03-11T17:27:03Z

Replaced content with 'See Model Patent License or Patent License Design'

Thinh at 16:38, 11 March 2010

2010-03-11T16:38:42Z

Thinh at 16:28, 11 March 2010

2010-03-11T16:28:05Z

Thinh at 21:05, 4 February 2010

2010-02-04T21:05:46Z

Thinh at 19:45, 4 February 2010

2010-02-04T19:45:53Z

Thinh at 19:44, 4 February 2010

2010-02-04T19:44:44Z

Thinh: Model Patent License - a GX patent licensing tool being hosted by CC

2010-02-04T18:43:19Z

Model Patent License - a GX patent licensing tool being hosted by CC

New page

'''Model Patent License'''

The ''Model Patent License'' (final branding has not been decided upon yet) is a simple and streamlined CC legal tool for licensing patents. It was originally developed to enable the standard licensing of patented technologies that have the potential to promote sustainability for the GX project, but Creative Commons will host and maintain it as a standard CC legal tool, so that will be made available for free to any member of the public to use for any purpose even outside of the context of GX.

'''Goals'''

The principle goals of the Model Patent License are:
* to facilitate standardized "public offers" to license patents in order to reduce negotiation costs and risks;
* to promote technologies that have the potential to improve global sustainability or public health; and
* to make increase the number of patent licenses available broadly for innovative and entrepreneurial uses.

'''Features'''

* Non-Exclusive License

The License is a ''non-exclusive'' patent license. That means that the patent owner can grant many licenses to different parties. Exclusive and non-exclusive licenses serve different purposes. In contrast to an exclusive licenses, which grants exclusive control over commercialization to a single entity, a non-exclusive license can be used to "unblock" a larger number of licensees who wish to practice the invention, but who do not need the financial incentive of exclusivity to take the invention to market.

← Older revision		Revision as of 14:21, 29 September 2010
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	See [[Model Patent License]] or [[Patent License Design]]		See [[Model Patent License]] or [[Patent License Design]]
		+
		+	[[Category:Patents]]

← Older revision		Revision as of 17:27, 11 March 2010
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−	~~'''Model Patent License Design Goals'''~~	+	See [[Model Patent License]] or [[Patent License Design]]
−
−	~~The~~ [[Model Patent License]] is a simple and streamlined CC legal tool for licensing patents. It was originally developed to enable the standard licensing of patented technologies that have the potential to promote sustainability for the [[GX]] project, but Creative Commons will host and maintain it as a standard CC legal tool, so that will be made available for free to any member of the public to use for any purpose even outside of the context of GX.
−
−	~~'''Goals'''~~
−
−	~~The principle goals of the Model~~ Patent License ~~are:~~
−	* to facilitate standardized "public offers" to license patents in order to reduce negotiation costs and risks;
−	* to promote technologies that have the potential to improve global sustainability or public health; and
−	* to increase the number of patent licenses available for broad categories of innovative and entrepreneurial uses.
−
−	~~'''~~Design ~~Considerations'''~~
−
−	* ''Non-Exclusive License''
−
−	This License is a ''non-exclusive'' patent license, meaning that the patent owner can grant similar licenses to many parties. In contrast to an exclusive license, which gives exclusive rights to practice and sublicense to a single licensee, a non-exclusive license can be granted independently to many people and companies. This can be fine in situations where the licensee already wants to use the technology and requires no further financial incentives. However, there are situations when exclusive licenses are needed in order to provide an incentive to the licensee to make large financial investments in developing and marketing a product, as often is the case in pharmaceutical development. Therefore, keep this in mind when evaluating the suitability of using this License.
−
−	* ''Fields of Use''
−
−	By default, the License allows the patent owner to authorize uses in all fields of use (i.e., without any field of use restriction). We deliberately designed the default this way to encourage patent owners to license for the broadest possible set of uses (consistent with our desire to promote innovative uses). However, licensors have the option to specify a particular field of use for the license, which serves to define and delimit the scope of the license. This is specified in the License Data Record. How this field of use is defined is left open-ended and is largely up to the licensor. This flexibility is a deliberate design choice because fields of use tend to vary greatly among licensors and technologies, based on the licensor's business, competitive vision, and future plans, and so forth. However, in the future, we may work with certain industry groups and consortia to develop standard fields of use that apply to particular industry or interest group.
−
−	* ''Fees''
−
−	The License is free of any fees or royalties by default. We deliberately designed it this way to encourage patent owners to consider making technologies available without fee in order to promote their widespread adoption and use. However, the licensor has the option to require fees or royalty payments in the License Data Record when needed. Due to the great diversity of possible fee and royalty models, we have chosen to leave this open-ended for licensors to define according to their individual needs. However, we strongly encourage licensors to implement fees that are reasonable and non-discriminatory.
−
−	* ''Patent Rights''
−
−	The licensed patents or patent applications are listed in the License Data Record. Be sure to consider this list in light of the definition of Licensed Patent Rights. In particular, note that daughter applications (like continuations and divisions, as well claims of continuations-in-part that are entitled to claim priority back) are automatically included in the definition of the Licensed Patent Rights, but parent and grandparent applications are not automatically included (and therefore must be listed explicitly). This was done in order to promote greater certainty for both licensor and licensee. For while it is relatively simple through review of a patent file to discover parent or grandparent applications, it is not always possible to discover daughter applications. In addition, there is no way to unambiguously decide what claims of a parent application ought to be licensed, based on the priority rules. For these reasons, licensees are strongly encouraged to perform due diligence with respect the existence of priority patents applications in order to verify they have obtained licenses to all relevant patents owned by the licensor.

← Older revision		Revision as of 16:38, 11 March 2010
Line 1:		Line 1:
−	'''Model Patent License'''	+	'''Model Patent License Design Goals'''

	The [[Model Patent License]] is a simple and streamlined CC legal tool for licensing patents. It was originally developed to enable the standard licensing of patented technologies that have the potential to promote sustainability for the [[GX]] project, but Creative Commons will host and maintain it as a standard CC legal tool, so that will be made available for free to any member of the public to use for any purpose even outside of the context of GX.		The [[Model Patent License]] is a simple and streamlined CC legal tool for licensing patents. It was originally developed to enable the standard licensing of patented technologies that have the potential to promote sustainability for the [[GX]] project, but Creative Commons will host and maintain it as a standard CC legal tool, so that will be made available for free to any member of the public to use for any purpose even outside of the context of GX.

@@ Line 1: / Line 1: @@
 '''Model Patent License'''
-The ''Model Patent License'' (final branding has not been decided upon yet) is a simple and streamlined CC legal tool for licensing patents. It was originally developed to enable the standard licensing of patented technologies that have the potential to promote sustainability for the [[GX]] project, but Creative Commons will host and maintain it as a standard CC legal tool, so that will be made available for free to any member of the public to use for any purpose even outside of the context of GX.
+The [[Model Patent License]] is a simple and streamlined CC legal tool for licensing patents. It was originally developed to enable the standard licensing of patented technologies that have the potential to promote sustainability for the [[GX]] project, but Creative Commons will host and maintain it as a standard CC legal tool, so that will be made available for free to any member of the public to use for any purpose even outside of the context of GX.
 '''Goals'''

@@ Line 10: / Line 10: @@
 * to  increase the number of patent licenses available for broad categories of innovative and entrepreneurial uses.
-'''Usage Considerations'''
+'''Design Considerations'''
-* Non-Exclusive License
+* ''Non-Exclusive License''
 This License is a ''non-exclusive'' patent license, meaning that the patent owner can grant similar licenses to many parties. In contrast to an exclusive license, which gives exclusive rights to practice and sublicense to a single licensee, a non-exclusive license can be granted independently to many people and companies. This can be fine in situations where the licensee already wants to use the technology and requires no further financial incentives. However, there are situations when exclusive licenses are needed in order to provide an incentive to the licensee to make large financial investments in developing and marketing a product, as often is the case in pharmaceutical development. Therefore, keep this in mind when evaluating the suitability of using this License.
-* Fields of Use
+* ''Fields of Use''
 By default, the License allows the patent owner to authorize uses in all fields of use (i.e., without any field of use restriction). We deliberately designed the default this way to encourage patent owners to license for the broadest possible set of uses (consistent with our desire to promote innovative uses). However, licensors have the option to specify a particular field of use for the license, which serves to define and delimit the scope of the license. This is specified in the License Data Record. How this field of use is defined is left open-ended and is largely up to the licensor. This flexibility is a deliberate design choice because fields of use tend to vary greatly among licensors and technologies, based on the licensor's business, competitive vision, and future plans, and so forth. However, in the future, we may work with certain industry groups and consortia to develop standard fields of use that apply to particular industry or interest group.
-* Fees
+* ''Fees''
 The License is free of any fees or royalties by default. We deliberately designed it this way to encourage patent owners to consider making technologies available without fee in order to promote their widespread adoption and use. However, the licensor has the option to require fees or royalty payments in the License Data Record when needed. Due to the great diversity of possible fee and royalty models, we have chosen to leave this open-ended for licensors to define according to their individual needs. However, we strongly encourage licensors to implement fees that are reasonable and non-discriminatory.
-* Patent Rights
+* ''Patent Rights''
 The licensed patents or patent applications are listed in the License Data Record. Be sure to consider this list in light of the definition of Licensed Patent Rights. In particular, note that daughter applications (like continuations and divisions, as well claims of continuations-in-part that are entitled to claim priority back) are automatically included in the definition of the Licensed Patent Rights, but parent and grandparent applications are not automatically included (and therefore must be listed explicitly). This was done in order to promote greater certainty for both licensor and licensee. For while it is relatively simple through review of a patent file to discover parent or grandparent applications, it is not always possible to discover daughter applications. In addition, there is no way to unambiguously decide what claims of a parent application ought to be licensed, based on the priority rules. For these reasons, licensees are strongly encouraged to perform due diligence with respect the existence of priority patents applications in order to verify they have obtained licenses to all relevant patents owned by the licensor.

@@ Line 8: / Line 8: @@
 * to facilitate standardized "public offers" to license patents in order to reduce negotiation costs and risks;
 * to promote technologies that have the potential to improve global sustainability or public health; and
-* to make increase the number of patent licenses available broadly for innovative and entrepreneurial uses.
+* to  increase the number of patent licenses available for broad categories of innovative and entrepreneurial uses.
-'''Features'''
+'''Usage Considerations'''
 * Non-Exclusive License
-The License is a ''non-exclusive'' patent license. That means that the patent owner can grant many licenses to different parties. Exclusive and non-exclusive licenses serve different purposes. In contrast to an exclusive licenses, which grants exclusive control over commercialization to a single entity, a non-exclusive license can be used to "unblock" a larger number of licensees who wish to practice the invention, but who do not need the financial incentive of exclusivity to take the invention to market.
+This License is a ''non-exclusive'' patent license, meaning that the patent owner can grant similar licenses to many parties. In contrast to an exclusive license, which gives exclusive rights to practice and sublicense to a single licensee, a non-exclusive license can be granted independently to many people and companies. This can be fine in situations where the licensee already wants to use the technology and requires no further financial incentives. However, there are situations when exclusive licenses are needed in order to provide an incentive to the licensee to make large financial investments in developing and marketing a product, as often is the case in pharmaceutical development. Therefore, keep this in mind when evaluating the suitability of using this License.