The Non-Exclusive Patent License Agreement is essential for businesses seeking to commercialize patented technology in Germany while maintaining flexibility in their licensing strategy. This document is commonly used when a patent holder wishes to maximize the commercial potential of their intellectual property by licensing it to multiple parties, particularly in industrial and technological sectors. The agreement must comply with German patent law (Patentgesetz), the German Civil Code (BGB), and relevant EU regulations. It typically includes detailed provisions on license scope, territory, royalty structures, quality control, and reporting requirements. This type of agreement is particularly valuable for companies looking to expand their technological capabilities without seeking exclusive rights, while providing patent holders with opportunities for multiple revenue streams through various licensing arrangements.
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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, including brief description of the patent(s) and the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Specific terms of the non-exclusive license, including scope, territory, and field of use
5. Patent Rights: Detailed description of the licensed patents and associated rights
6. Payment Terms: License fees, royalties, payment schedule, and calculation methods
7. Records and Audit Rights: Requirements for maintaining records and licensor's audit rights
8. Quality Control: Standards and requirements for licensed products or processes
9. Intellectual Property Protection: Obligations regarding patent protection, enforcement, and infringement
10. Representations and Warranties: Standard warranties regarding patent ownership, validity, and right to license
11. Term and Termination: Duration of the agreement and termination provisions
12. Confidentiality: Protection of confidential information exchanged under the agreement
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices
1. Sublicensing Rights: Include when licensee is permitted to sublicense the patent rights
2. Improvements: Include when parties agree to share or license improvements to the patented technology
3. Manufacturing Rights: Include when license includes right to manufacture patented products
4. Export Control: Include when licensed technology is subject to export control regulations
5. Technical Assistance: Include when licensor will provide technical support or know-how
6. Most Favored Licensee: Include when licensee requires preferential treatment in license terms
7. Patent Marking: Include when specific patent marking requirements are necessary
8. Insurance: Include when specific insurance requirements are needed for high-risk technologies
1. Schedule 1 - Licensed Patents: Detailed list of licensed patents including patent numbers, titles, and jurisdictions
2. Schedule 2 - Licensed Products: Specification of products or processes covered by the license
3. Schedule 3 - Royalty Calculations: Detailed methodology for calculating royalties
4. Schedule 4 - Technical Specifications: Technical requirements and quality standards for licensed products
5. Schedule 5 - Reporting Templates: Standard forms for periodic reports and royalty calculations
6. Appendix A - Approved Sublicensees: List of pre-approved sublicensees (if applicable)
7. Appendix B - Technical Documentation: Reference technical documentation or know-how included in the license
Relevant legal definitions
Agreement
Affiliate
Background IP
Confidential Information
Effective Date
Field of Use
Improvements
Licensed Patents
Licensed Products
Licensed Process
Licensed Technology
Net Sales
Patent Rights
Patent Term
Permitted Use
Qualified Personnel
Royalty Period
Sublicense
Technical Documentation
Territory
Third Party
Valid Claim
Working Day
Know-How
Quality Standards
Regulatory Approvals
Reporting Period
Technical Specifications
Commercial Scale
Force Majeure Event
Affiliate
Background IP
Confidential Information
Effective Date
Field of Use
Improvements
Licensed Patents
Licensed Products
Licensed Process
Licensed Technology
Net Sales
Patent Rights
Patent Term
Permitted Use
Qualified Personnel
Royalty Period
Sublicense
Technical Documentation
Territory
Third Party
Valid Claim
Working Day
Know-How
Quality Standards
Regulatory Approvals
Reporting Period
Technical Specifications
Commercial Scale
Force Majeure Event
Clauses
Grant of License
Scope of Rights
Territory
Royalties
Payment Terms
Audit Rights
Quality Control
Technical Support
Patent Protection
Patent Enforcement
Improvements
Confidentiality
Warranties
Indemnification
Limitation of Liability
Record Keeping
Reporting
Term and Duration
Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Severability
Competition Law Compliance
Export Control
Patent Marking
Sublicensing
Scope of Rights
Territory
Royalties
Payment Terms
Audit Rights
Quality Control
Technical Support
Patent Protection
Patent Enforcement
Improvements
Confidentiality
Warranties
Indemnification
Limitation of Liability
Record Keeping
Reporting
Term and Duration
Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Severability
Competition Law Compliance
Export Control
Patent Marking
Sublicensing
Relevant Industries
Technology
Manufacturing
Pharmaceuticals
Biotechnology
Automotive
Telecommunications
Electronics
Chemical Industry
Medical Devices
Industrial Equipment
Consumer Goods
Energy
Software Development
Relevant Teams
Legal
Intellectual Property
Research and Development
Business Development
Technical Operations
Commercial Operations
Compliance
Finance
Engineering
Product Development
Relevant Roles
Patent Attorney
Intellectual Property Manager
Legal Counsel
Chief Technology Officer
Research and Development Director
Innovation Manager
Licensing Manager
Business Development Director
Chief Legal Officer
Technical Director
Commercial Director
Patent Engineer
Intellectual Property Specialist
Contract Manager
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