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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.

15 minute read May 02, 2005 at 02:24 PM
By
Michael R. Graif
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.

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