Guide · Intellectual Property

Licensing and Technology Transfer: A Comprehensive Guide to Scope, Royalties, and Termination

35 U.S.C. § 271

Type
Guide
Jurisdiction
National
Date
2025-10-21
Topic
Intellectual Property

This guide sets out the law and practice of intellectual property licensing across patents, copyrights, trademarks, and trade secrets. It begins with what a license is and what distinguishes exclusive, sole, and non-exclusive grants, including the standing consequences that determine who may sue infringers. It then works through scope — rights granted, field of use, territory, term, sublicensing, and assignment — and through the economics of royalties, net sales definitions, stacking, reporting, and audit rights. Separate parts address exhaustion and post-sale restrictions, a licensee's ability to challenge validity, the trademark quality control obligation and abandonment, copyright termination rights, and the treatment of licenses in insolvency. The federally funded technology regime, improvements and grant-backs, enforcement allocation, termination and wind-down, recordation, and diligence complete the treatment.

Licensing and Technology Transfer: A Comprehensive Guide to Scope, Royalties, and Termination

Intellectual Property > Licensing and Technology Transfer | Published 21 October 2025 - Updated 6 August 2026 | UpLaw - uplaw.us

How to Use This Guide

A license is a covenant not to sue, granted on conditions. Every question in this field is therefore a boundary question: what was granted, to whom, for what, where, for how long, on what payment, and what happens outside the boundary.

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