Section 261 of the Patent Act (35 U.S.C. '261) contemplates that a patent may be assigned as opposed to licensed. But often the two cannot be so easily distinguished.
A License By Any Other Name: When Is an Exclusive License Not an Exclusive License?
Section 261 of the Patent Act (35 U.S.C. §261) contemplates that a patent may be assigned as opposed to licensed. But often the two cannot be so easily distinguished. In practice, the difference between a grant of rights in a patent qualifying as an assignment, an exclusive license or a nonexclusive license often turns on the patentee's granting or withholding of a single right. Yet very different consequences flow from each of those designations.
By
Michael R. GraifThis premium content is locked for LawJournalNewsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.
