Patent Cross License for Switzerland

Patent Cross License Template for Switzerland

This document is a Patent Cross License Agreement governed by Swiss law, designed to facilitate mutual licensing of patent portfolios between two or more parties. It establishes the terms and conditions under which each party grants the other(s) rights to use their patented technologies, including scope of license, territorial restrictions, and any financial considerations. The agreement incorporates Swiss intellectual property laws, particularly the Swiss Federal Act on Patents for Inventions, while also considering international patent treaties and competition laws. It includes detailed provisions for patent enforcement, quality control, and dispute resolution under Swiss jurisdiction.

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What is a Patent Cross License?

A Patent Cross License Agreement is utilized when two or more organizations wish to grant each other rights to use their respective patent portfolios. This type of agreement is particularly common in technology-intensive industries where companies hold complementary patent rights and wish to avoid potential patent disputes while fostering innovation. The document, governed by Swiss law, typically includes comprehensive details about the licensed patents, scope of use, territorial restrictions, and any financial arrangements. It's especially relevant when companies are developing related technologies or operating in overlapping markets. The agreement must comply with Swiss patent law, competition regulations, and international IP treaties, while also addressing practical aspects such as technology transfer, quality control, and future improvements. This type of agreement is particularly valuable for companies seeking to expand their technological capabilities while managing patent risk and maintaining competitive advantages.

What sections should be included in a Patent Cross License?

1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including brief description of parties' patent portfolios and business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Patents', 'Field of Use', 'Technical Information', etc.

4. Grant of License: Detailed terms of the mutual patent licenses, including scope, territory, and field of use restrictions

5. License Fees and Royalties: Financial terms of the cross-license, including any balancing payments if applicable

6. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

7. Representations and Warranties: Parties' assertions regarding patent ownership, right to license, and validity

8. Confidentiality: Obligations regarding protection of confidential information exchanged under the agreement

9. Enforcement and Defense: Rights and obligations regarding patent enforcement against third parties and defense of licensed patents

10. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

11. General Provisions: Standard contractual provisions including notices, assignment, amendments, and severability

What sections are optional to include in a Patent Cross License?

1. Technology Transfer: Provisions for sharing technical knowledge and know-how, used when the agreement includes technology transfer beyond patent rights

2. Improvements: Terms governing rights to technological improvements, used when parties want to address future developments

3. Sublicensing Rights: Terms governing ability to sublicense, included when sublicensing is permitted

4. Quality Control: Standards for product quality and inspection rights, included when quality control is important for brand protection

5. Export Control: Compliance with export control laws, included when licensed technology is subject to export restrictions

6. Most Favored Licensee: Provisions ensuring competitive license terms, included when parties want protection against more favorable terms being given to others

7. Patent Marking: Requirements for marking products with patent numbers, included when physical products are involved

What schedules should be included in a Patent Cross License?

1. Schedule A - Licensed Patents: Comprehensive list of patents and patent applications covered by the license from first party

2. Schedule B - Licensed Patents: Comprehensive list of patents and patent applications covered by the license from second party

3. Schedule C - Technical Fields: Detailed description of technical fields or products covered by the license

4. Schedule D - Royalty Calculation: Detailed methodology for calculating any royalties or balancing payments

5. Appendix 1 - Form of Quarterly Report: Template for required periodic reports on license implementation

6. Appendix 2 - Technical Standards: Specific technical standards applicable to licensed products or processes

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

Telecommunications

Pharmaceuticals

Electronics

Automotive

Semiconductor

Software Development

Manufacturing

Biotechnology

Industrial Automation

Medical Devices

Aerospace

Consumer Electronics

Relevant Teams

Legal

Intellectual Property

Research and Development

Executive Leadership

Business Development

Technology Transfer

Innovation

Patent Operations

Corporate Strategy

Product Development

Technical Operations

Relevant Roles

Chief Technology Officer

Head of Legal

Patent Attorney

Intellectual Property Counsel

Research and Development Director

Chief Executive Officer

Chief Legal Officer

Licensing Manager

Innovation Director

Technology Transfer Officer

Legal Counsel

Head of Intellectual Property

Business Development Director

Chief Innovation Officer

Patent Portfolio 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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