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Perspective

Jul. 30, 2010

Exclusive Patent License Or Virtual Assignment?

Don't be deceived, obtaining an exclusive patent license isn't as simple as it first appears, by Bruce G. Chapman and Keith D. Fraser of Connolly Bove Lodge & Hutz.

By Bruce G. Chapman and Keith D. Fraser

It seems simple enough. First, patent a technology. Then, enter into an exclusive license agreement, retaining the patent while allowing some other entity to commercialize the technology and pay you royalties.

It is not quite that simple, though. That patented technology is a bundle of rights and obligations. It is primarily the right to "exclude others from making, using, offering for sale and selling the invention thro...

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