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Patent Sharing Agreement
"I need a Patent Sharing Agreement for a cross-licensing arrangement between our Australian pharmaceutical company and a Japanese research institution, starting March 2025, covering our cancer treatment patents with provisions for sharing future improvements."
1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses
2. Background: Context of the agreement, including brief description of parties' businesses and purpose of the patent sharing arrangement
3. Definitions: Detailed definitions of technical terms, patent-specific terminology, and other key terms used in the agreement
4. Grant of Rights: Specific rights being granted between parties, including scope of license, territories, and field of use
5. Patent Ownership: Clear statement of ownership rights and confirmation that sharing arrangement doesn't transfer ownership
6. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
7. Royalties and Payment Terms: Financial arrangements, including any royalty calculations, payment schedules, and reporting requirements
8. Confidentiality: Obligations regarding confidential information shared during the implementation of the agreement
9. Representations and Warranties: Warranties regarding patent ownership, validity, and right to enter into agreement
10. Infringement: Procedures for dealing with third-party infringement and allocation of enforcement rights
11. Governing Law and Jurisdiction: Specification of Australian law as governing law and jurisdiction for dispute resolution
1. Improvements: Terms governing rights to technological improvements made by either party during the agreement term
2. Sub-licensing Rights: Include when parties need the ability to grant sub-licenses to third parties
3. Quality Control: Necessary for agreements where product quality standards need to be maintained
4. Export Control: Required when patent sharing involves international territories or export-controlled technologies
5. Grant-Back Provisions: Terms for sharing improvements or modifications back to the original patent holder
6. Most Favored Nation: Ensures parties receive best available terms if similar agreements are made with others
7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, particularly for major market players
8. Change of Control: Provisions dealing with change in ownership or control of either party
9. Patent Prosecution: Terms regarding responsibility for maintaining and prosecuting patents
1. Schedule A - Patent List: Detailed list of all patents and patent applications covered by the agreement
2. Schedule B - Technical Specifications: Technical details and specifications of the patented technology
3. Schedule C - Royalty Calculations: Detailed methodology for calculating royalties and examples
4. Schedule D - Reporting Templates: Standard forms for regular reporting requirements
5. Schedule E - Territory Definitions: Detailed description of geographical territories covered by the agreement
6. Appendix 1 - Contact Details: List of key contacts and notice addresses for both parties
7. Appendix 2 - Quality Standards: If applicable, detailed quality standards and testing procedures
8. Appendix 3 - Improvement Notice Form: Standard form for notifying improvements to the patented technology
Authors
Approved Purpose
Background IP
Commencement Date
Confidential Information
Effective Date
Field of Use
Foreground IP
Improvements
Licensed Patents
Licensed Products
Licensed Technology
Net Sales
Patent Rights
Patents
Patent Applications
Patent Family
Pending Patents
Permitted Use
Related Body Corporate
Royalty Period
Subsidiary
Technical Information
Term
Territory
Third Party
Trade Secrets
Valid Claim
Working Day
Cross-License
Exclusive Rights
Non-Exclusive Rights
Grant-Back Rights
Implementation Date
Intellectual Property Rights
Know-How
Licensed Field
Patent Expenses
Regulatory Approvals
Technical Documentation
Technology Transfer
Grant of Rights
License Scope
Territory
Exclusivity
Royalties
Payment Terms
Confidentiality
Intellectual Property Rights
Patent Maintenance
Quality Control
Technical Support
Term and Termination
Improvements
Warranties and Representations
Infringement Protection
Indemnification
Competition Law Compliance
Assignment
Sub-licensing
Dispute Resolution
Force Majeure
Notices
Governing Law
Entire Agreement
Amendment
Severability
Third Party Rights
Export Control
Regulatory Compliance
Audit Rights
Record Keeping
Patent Marking
Technology Transfer
Grant-Back Provisions
Most Favored Nation
Change of Control
Non-Competition
Patent Challenges
Bankruptcy and Insolvency
Technology
Pharmaceuticals
Biotechnology
Telecommunications
Manufacturing
Automotive
Aerospace
Healthcare
Electronics
Software
Chemical Industry
Medical Devices
Research and Development
Clean Energy
Semiconductor Industry
Legal
Intellectual Property
Research and Development
Technology Transfer
Business Development
Patents
Innovation
Commercial
Technical Operations
Regulatory Affairs
Chief Technology Officer
Intellectual Property Counsel
Patent Attorney
Legal Counsel
Research Director
Chief Legal Officer
Innovation Manager
Technology Transfer Manager
Chief Executive Officer
Research and Development Manager
Licensing Manager
Commercial Director
Head of Patents
Chief Scientific Officer
Business Development Director
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