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Shop right, in United States patent law, is an implied license under which a firm may use a patented invention, invented by an employee who was working within the scope of their employment, using the firms' equipment, or inventing at the firms' expense.
Reasonable and non-discriminatory (RAND) terms, also known as fair, reasonable, and non-discriminatory (FRAND) terms, denote a voluntary licensing commitment that standards organizations often request from the owner of an intellectual property right (usually a patent) that is, or may become, essential to practice a technical standard. [1]
Patents were granted without examination since inventor's right was considered as a natural one. Patent costs were very high (from 500 to 1,500 francs). Importation patents protected new devices coming from foreign countries. The patent law was revised in 1844 – patent cost was lowered and importation patents were abolished. [20]
However, pre-grant protection is available under 35 U.S.C. § 154(d), which allows a patent owner to obtain reasonable royalty damages for certain infringing activities that occurred before patent's date of issuance. This right to obtain provisional damages requires a patent holder to show that (1) the infringing activities occurred after the ...
Defensive termination is a form of implicit cross licensing of patent or other intellectual property rights. Consider a case where company A licenses patent A to company B. One of the conditions of the license agreement is that if company B should ever sue company A for infringing one of company B's own patents, such as patent B, then Company A can terminate the license to paten
The Defensive Patent License (DPL) is a patent license proposed by Jason Schultz and Jennifer Urban, directors of the Samuelson Law, Technology & Public Policy Clinic at the University of California, Berkeley as a patent licensing equivalent of the GPL copyright license.
In 2008, a new business model emerged with third-party financing doing defensive patent aggregation whereby a third-party – the aggregator – purchases the patents or patent rights strictly to mitigate the risk and cost of litigation associated with NPEs and provides licenses to members against a fixed annual membership fee.
A field-of-use limitation is a provision in a patent license [1] that limits the scope of what the patent owner authorizes a manufacturing licensee (that is, a licensee [2] that manufactures a patented product or performs a patented process) to do in relation to the patent, by specifying a defined field of use—that is, a defined field of permissible operation by the licensee.