The Non-Exclusive Patent License Agreement is a crucial document used when a patent owner wishes to monetize their intellectual property while retaining the flexibility to grant similar rights to multiple licensees. This agreement type is particularly common in Switzerland, a hub for innovation and intellectual property, and is governed by Swiss federal law. It is typically used in scenarios where exclusivity is not required or desired, such as industry-standard technologies, research tools, or manufacturing processes. The agreement must comply with Swiss patent law and competition regulations while addressing key aspects such as territory restrictions, field of use limitations, royalty structures, and quality control requirements. This document type is especially relevant in the context of Switzerland's strong protection of intellectual property rights and its sophisticated approach to international business transactions.
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1. Parties: Identification of the Licensor and Licensee, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the patent(s), and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Patents', 'Territory', 'Field of Use', and 'Net Sales'
4. Grant of License: Scope of the non-exclusive license, including territorial restrictions and field of use limitations
5. Financial Terms: License fees, royalties, payment terms, currency, and reporting requirements
6. Obligations of the Licensee: Licensee's commitments regarding use of the patents, quality control, and reporting
7. Representations and Warranties: Parties' representations regarding authority, patent validity, and ownership
8. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
9. Confidentiality: Protection of confidential information exchanged during the license relationship
10. Infringement: Procedures for dealing with third-party infringement and allocation of enforcement rights
11. General Provisions: Standard clauses including governing law, dispute resolution, and notices
1. Improvements: Terms regarding rights to improvements made to the licensed technology, used when parties anticipate technological advances
2. Sublicensing Rights: Terms governing the Licensee's right to sublicense, included when sublicensing is permitted
3. Technical Assistance: Provisions for technical support from Licensor, included when implementation support is needed
4. Export Control: Compliance with export regulations, included for international licensing arrangements
5. Patent Marking: Requirements for marking products with patent numbers, included when physical products are involved
6. Most Favored Licensee: Provisions ensuring competitive license terms, included in strategic licensing relationships
1. Schedule A - Licensed Patents: Detailed list of licensed patents including patent numbers, jurisdictions, and status
2. Schedule B - Licensed Products: Specification of products covered by the license
3. Schedule C - Royalty Calculations: Detailed methodology for calculating royalties, including examples
4. Schedule D - Technical Specifications: Technical requirements and quality standards for licensed products
5. Schedule E - Reporting Template: Standard format for periodic royalty reports and sales information
6. Appendix 1 - Form of Notice: Template for formal notices under the agreement
Relevant legal definitions
Affiliate
Agreement
Background IP
Confidential Information
Effective Date
Field of Use
Improvements
Licensed Patents
Licensed Products
Licensed Technology
Net Sales
Patent Rights
Quarter
Royalty Rate
Subsidiary
Technical Information
Territory
Third Party
Valid Claim
Know-How
Intellectual Property Rights
Manufacturing Process
Patent Applications
Quality Standards
Reporting Period
Sales Revenue
Technical Documentation
Term
Working Day
Year
Commercial Use
Infringement Action
License Fees
Patent Term
Regulatory Approval
Technical Assistance
Trademark
Agreement
Background IP
Confidential Information
Effective Date
Field of Use
Improvements
Licensed Patents
Licensed Products
Licensed Technology
Net Sales
Patent Rights
Quarter
Royalty Rate
Subsidiary
Technical Information
Territory
Third Party
Valid Claim
Know-How
Intellectual Property Rights
Manufacturing Process
Patent Applications
Quality Standards
Reporting Period
Sales Revenue
Technical Documentation
Term
Working Day
Year
Commercial Use
Infringement Action
License Fees
Patent Term
Regulatory Approval
Technical Assistance
Trademark
Clauses
Grant of License
Royalties
Payment Terms
Quality Control
Technical Support
Confidentiality
Intellectual Property Rights
Representations and Warranties
Indemnification
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Amendment
Severability
Waiver
Patent Marking
Record Keeping
Audit Rights
Non-Competition
Territory Restrictions
Field of Use Restrictions
Patent Challenges
Patent Enforcement
Improvements
Sub-Licensing
Export Control
Regulatory Compliance
Insurance
Best Efforts
Most Favored Nation
Royalties
Payment Terms
Quality Control
Technical Support
Confidentiality
Intellectual Property Rights
Representations and Warranties
Indemnification
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Amendment
Severability
Waiver
Patent Marking
Record Keeping
Audit Rights
Non-Competition
Territory Restrictions
Field of Use Restrictions
Patent Challenges
Patent Enforcement
Improvements
Sub-Licensing
Export Control
Regulatory Compliance
Insurance
Best Efforts
Most Favored Nation
Relevant Industries
Pharmaceuticals and Biotechnology
Information Technology
Manufacturing and Industrial
Electronics and Semiconductors
Automotive
Medical Devices
Telecommunications
Chemical Industry
Consumer Products
Research and Development
Relevant Teams
Legal
Intellectual Property
Research and Development
Business Development
Technology Transfer
Product Development
Finance
Compliance
Technical Operations
Strategy
Relevant Roles
Chief Technology Officer
Intellectual Property Counsel
Patent Attorney
Licensing Manager
Research and Development Director
Chief Legal Officer
Innovation Manager
Technology Transfer Officer
Business Development Director
Intellectual Property Portfolio Manager
Chief Executive Officer
Commercial Director
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