Difference between revisions of "Patent License Change Log"

Change Log

This refers to changes from Model Patent License to the CC Public Patent License

Title:

The “Model Patent License” title has been changed to “CC Public Patent License”.

Preamble:

“How to Use this CC Public Patent License”:

- Added the phrase “on the Internet” to emphasize that the patent offers are Internet-enabled

- Changed “active” to “live”

- Deleted reference to “defensive” use in 3rd paragraph of preamble

- Deleted “or restrictions on the have made right”.

- Added “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.”

Definitions:

- Added: ““Necessary Patent Claims” means any patent claim(s), now owned, controlled, or hereafter acquired by Licensor in any patent that Licensor has the right to license, that would be infringed, but for the license granted in Section 2.2, by the making, using, selling, or importation of processes or products that implement specific features or teachings of Specification, but excluding any claims covering subject matter that is not set forth or specifically described in the Specification.

- Added: “Specification” means the specification, if any, set forth in the License Data Record by the "Specification" entry.

2. Grant of License:

- 2.1: Added “under the Licensed Patent Rights”; added “solely" before "in the Field of Use"

- 2.2: Added new paragraph: “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)..."

- 2.4: Added new paragraph: “The exclusive rights referenced above (such as make, sell, and use) shall also be interpreted to include substantially similar exclusive patent rights (such as disposal and offer to dispose) in other countries, when applicable.”

3. Fees: - Added “And Other Consideration” to Section title

4. Reporting: - Changed: “If no royalties are required,” to “In addition..”

5. Term:

- Added: “Unless otherwise specified..” to first paragraph

- Added: “provided that if Licensee terminates this Agreement, it shall not be eligible to reinstate this license or accept any other general license offer with respect to the subject matter of this Agreement, unless the Licensor specifically agrees otherwise in writing.”

- Added: “and 10” to last paragraph.

8. Trademark and Attribution

- Added: “At Licensor’s request” to first paragraph

9. - Added: "TO THE EXTENT PERMITTED BY APPLICABLE LAW..." in the last paragraph

10.

Added: “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.