Short Form Licence Agreement

Harvard also offers option agreements for companies considering licensing a Harvard technology. An option agreement allows a company to „retain“ a technology for a short period of time, during which time the company can continue to assess its potential or raise funds for product development without binding on the obligations of a licensing agreement or Harvard. Options typically have a term of six months to one year and typically require both a pre-fee and a refund of the patent application for the duration of the option. Harvard offers certain materials (usually biological research materials) for non-exclusive commercial use. Some materials, such as mice, are usually offered on a flat-rate basis or with fixed annual payments. Others, such as Hybridom cell lines, also include royalty-based payments. The standard agreements for both types of hardware licenses are available below. The main advantage of registration is protection – it draws the attention of third parties to your license. This ensures that third parties (z.B. assignees or licensees) who subsequently acquire rights to the subject matter of the license are related to your interest. In other words, there is constructive notification of your rights, so they can`t argue that they didn`t know your license. If you do not register, these third parties are not required to comply with the terms of your license, unless they have become aware of them.

The licensor has agreed to the grant of the license and the licensee has agreed to acquire the license for certain intellectual property rights that are not assigned to the licensee in the context of the transaction, but that the licensee wishes to use or use in accordance with the terms of this agreement. Everything is fine, I hear you say, but what`s the point of a shorter license if we already have the main license agreement? Well, the answer is registration or „registration“ if you want to use the unusual legal term. While there is no legal obligation to register licenses, registration can bring licensees a number of significant benefits to consider – and you want to be able to benefit from them without making the commercial terms of your agreement known to the world (especially your competitors). Under these conditions, a short-form licence may be registered instead of the full agreement, offering the licensee the benefits of registration while protecting the confidentiality of the parties` commercial agreement. A license for Harvard`s own patent rights is subject to conditions similar to those set forth in the form agreements in the following links. Some terms can be changed to address unique aspects of each situation. In particular, financial conditions shall be determined on the basis of the technology to be granted, the licensee`s business model and market standards in the sector in which the licensee operates. The second benefit concerns infringement procedures. Normally, the only person entitled to initiate such proceedings against a third party is the registered owner, but the main exception is an exclusive licensee who usually has rights and remedies at the same time as those of the owner. In such circumstances, registration offers significant advantages to the lessee, for example.B.

a simple way of determining that he has the right to take legal action. Also, the licensee cannot recover any fees or expenses unless (yes, you guessed it) the license has been registered….