Can a Licensor Receive Royalty Payments Beyond the Life of Patent Protection?

How do you determine if ongoing royalty obligations that extend beyond the life of underlying patent protection, even if agreed to by the contracting parties, are enforceable? A recent decision by the U.S. Court of Appeals for the Third Circuit shows what types of license arrangements pass the test.

7 minute readOctober 01, 2024 at 12:09 AM
By
Matthew Golden
Can a Licensor Receive Royalty Payments Beyond the Life of Patent Protection?

An axiom of patent licensing is that a patent owner cannot receive royalty payments for post-expiration use of its patented technology. However, in exercising their rights to freedom of contract,

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