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Intellectual Property Litigation Patent Licensing and Transactions Patent Litigation

Rights and Obligations In Patent Licenses

The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.

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Patents are a form of property and, like other forms of property, they can be licensed or sold. Patent owners often do not want to sell a patent because they are interested in maintaining rights to the commercial benefits of the patent. However, some patent owners are willing to license a patent in order to generate additional revenue. In any event, the owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.

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