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ARTICLE · 12 MARCH 2019

Patent Licensing

Khurana & Khurana, Advocates and IP Attorneys
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Licensing is a process where the owner of the product gives permission to another entity who can extract benefit from the licensed product.

IndiaIntellectual Property

What is Patent Licensing?

Licensing is a process where the owner of the product gives permission to another entity who can extract benefit from the licensed product. Same as that licensing a patent means the owner is giving access to another individual or organisation to make, use and sell etc. with his patented invention. Usually license agreement comes with some terms and condition agreed by the parties, which have binding effect on them. Few of the content of the agreement consists of definition of the product, mode of the payment between parties, purpose of the license and many more.1

Why Patent Licensing is being done and how it differs from Patent Transfer?

A patent owner can license his invention for many reasons, such as, he may not have enough money to or manufacturing facilities, so he gives license to third party to make, sell and distribute his patented invention in return of 'royalty'. Alternatively, the owner of the patented invention may have a

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