A license for patent rights held by Harvard is subject to conditions similar to those provided in the form agreements in the links below. Some concepts can be changed to take into account the clear aspects of each situation. In particular, financial conditions are established on the basis of the technology granted, the licensee`s business model and the market standards in the sector in which the taker operates. The main advantage of registration is protection – it puts third parties on your license. This ensures that a third party (for example. B assignee or licensee) who then acquires rights to the subject of the license is related to your interest. In other words, there is constructive communication about your rights, so they can`t argue that they don`t know your license. If you do not register, these third parties are not required to comply with the terms of your licence unless they are aware of it. To view type trust agreements, hardware transfer agreements or research cooperation agreements, please return to our standard agreements site.
A KURZform IP license is exactly what it looks like – it`s an agreement that doesn`t contain the full range of clauses that would normally be included in an IP license. Some clauses are reduced or simply removed. For example, the standard section of the boiler plate is omitted, on which lawyers generally insist on any agreement (for good reason, I would like to protest in our defense!) and the commercially sensitive terms are removed from the document. The result is usually the bare bones of what might be considered a license, giving the details of the parties, which is allowed and then refers you to the main license agreement for almost everything else. This type of agreement allows Harvard researchers who are creating a new licensed business without difficulty to copyrighted non-patentable software that they have developed as part of the faculty`s research efforts. In cases where there are patentable topics such as unique algorithms, please read the “Exclusive Basic License” agreement model published above. The licensee has given its consent and the licensee has agreed to acquire the license for certain intellectual property rights that are not transferred to the taker in the transaction, but which the taker wishes to use or use under the terms of that agreement. Harvard also offers options agreements for companies considering licensing Harvard technology.
An option agreement allows a company to “keep” a technology for a short period of time during which the company can continue to assess its potential or find funds for product development without committing or harvard to comply with the obligations of a licensing agreement. Options are typically six months to a year and generally require both overcharging fees and a refund of patent tracking for the duration of the option. The second advantage relates to infringement procedures. Normally, the only one who has the authority to initiate such proceedings against a third party is the registered holder – but the main exception is an exclusive licensee who generally has rights and remedies at the same time as those of the owner.