Non Exclusive Patent License for Switzerland

Non Exclusive Patent License Template for Switzerland

A Non-Exclusive Patent License Agreement under Swiss law is a legal document that enables a patent holder (licensor) to grant permission to another party (licensee) to use their patented technology while retaining the right to license the same patent to others. This agreement is governed by Swiss law, particularly the Swiss Federal Act on Patents for Inventions and the Swiss Code of Obligations, providing a robust framework for intellectual property transactions. The document outlines the scope of the license, royalty structures, technical requirements, and mutual obligations while ensuring compliance with Swiss competition law and international patent conventions.

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What is a Non Exclusive Patent License?

The Non-Exclusive Patent License Agreement is essential for organizations seeking to monetize their patent portfolio or access patented technologies in Switzerland. This document type is particularly useful when the patent holder wishes to maintain flexibility in licensing their technology to multiple parties while generating revenue through licensing fees. The agreement, governed by Swiss law, typically includes detailed provisions on license scope, territory, royalty calculations, quality standards, and reporting requirements. It's commonly used in technology transfer, research collaborations, and commercial exploitation of patents, especially in industries where multiple players may need access to the same technology. The Swiss legal framework, known for its sophisticated approach to intellectual property rights and commercial transactions, provides a reliable foundation for such licensing arrangements.

What sections should be included in a Non Exclusive Patent License?

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, including patent ownership and parties' intentions

3. Definitions: Key terms used throughout the agreement, including technical terms and scope-related definitions

4. Grant of License: Specific rights being granted, clarifying non-exclusive nature and territorial scope

5. License Fees and Payment Terms: Financial terms including royalties, payment schedule, and calculation methods

6. Licensor's Obligations: Responsibilities of the patent owner, including maintaining the patent and providing technical information

7. Licensee's Obligations: Responsibilities of the licensee, including quality standards and reporting requirements

8. Term and Termination: Duration of the agreement and circumstances for early termination

9. Intellectual Property Rights: Confirmation of patent ownership and handling of improvements

10. Confidentiality: Protection of confidential information exchanged during the license period

11. Warranties and Liability: Scope of warranties and limitations of liability under Swiss law

12. General Provisions: Standard clauses including notices, assignment, and entire agreement

13. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes

What sections are optional to include in a Non Exclusive Patent License?

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses

2. Field of Use Restrictions: Include when license is limited to specific applications or industries

3. Export Controls: Include for technologies with international trade implications

4. Improvements and Grant-Back Provisions: Include when parties want to address rights to future improvements

5. Quality Control: Include when licensed patent relates to products requiring quality standards

6. Audit Rights: Include when detailed financial reporting and verification is needed

7. Marketing and Branding: Include when use of licensor's brands or marketing materials is involved

8. Insurance Requirements: Include when specific insurance coverage is required for licensed activities

What schedules should be included in a Non Exclusive Patent License?

1. Schedule 1 - Licensed Patents: Detailed list of patents covered by the agreement, including registration numbers

2. Schedule 2 - Technical Specifications: Technical details and requirements for implementing the patented technology

3. Schedule 3 - Royalty Calculations: Detailed methodology for calculating royalties and examples

4. Schedule 4 - Reporting Templates: Standard forms for required periodic reports

5. Appendix A - Initial Quality Standards: Specific quality requirements and testing procedures if applicable

6. Appendix B - Approved Sub-licensees: List of pre-approved sub-licensees if sub-licensing is permitted

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology & Software

Pharmaceuticals & Healthcare

Manufacturing & Industrial

Biotechnology

Telecommunications

Electronics & Semiconductors

Automotive

Chemical Industry

Research & Development

Clean Technology

Relevant Teams

Legal

Intellectual Property

Research & Development

Business Development

Technology Transfer

Commercial Operations

Patents

Licensing

Innovation

Corporate Development

Relevant Roles

Chief Technology Officer

Intellectual Property Counsel

Patent Attorney

Licensing Manager

Research Director

Innovation Manager

Legal Counsel

Business Development Director

Technology Transfer Officer

Commercial Director

Head of R&D

Chief Legal Officer

Patent Portfolio Manager

Technology Commercialization Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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