Patent Licence Template for Switzerland

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Key Requirements PROMPT example:

Patent Licence

"I need a non-exclusive Patent License Agreement for a pharmaceutical manufacturing process patent, to be used in Switzerland and Germany, with quarterly royalty payments and including provisions for technical support and future improvements."

Document background
A Patent License Agreement is essential when a party wishes to legally use patented technology owned by another entity. This document type is particularly crucial in Switzerland, a hub for innovation and intellectual property, where it must comply with Swiss federal patent law and commercial regulations. The agreement details the scope of the license grant, financial arrangements, quality standards, and various obligations of both parties. Key considerations include whether the license is exclusive or non-exclusive, territorial restrictions, and royalty structures. A Patent License Agreement typically includes technical specifications, compliance requirements, and may also address knowledge transfer and support arrangements. This document is fundamental for technology transfer, commercial exploitation of innovations, and research commercialization, particularly in industries with significant intellectual property portfolios.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement, including patent ownership and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope of the license, including territory, field of use, and whether exclusive or non-exclusive

5. Financial Terms: License fees, royalties, payment terms, and reporting requirements

6. Term and Termination: Duration of the agreement and circumstances for termination

7. Warranties and Representations: Statements about patent validity, ownership, and right to license

8. Confidentiality: Protection of confidential information exchanged under the agreement

9. Protection and Enforcement: Rights and obligations regarding patent infringement and enforcement

10. Assignment and Sub-licensing: Rules regarding transfer of rights and ability to sub-license

11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Improvements: Provisions dealing with rights to technological improvements - used when ongoing development is expected

2. Quality Control: Standards for product quality and inspection rights - important for brand-sensitive technologies

3. Technical Assistance: Terms for technical support and knowledge transfer - used when implementation support is needed

4. Export Control: Compliance with export regulations - necessary for international licensing

5. Grant-Back Provisions: Rights to improvements made by licensee - used when licensee may enhance the technology

6. Most Favored Licensee: Guarantees about licensing terms relative to other licensees - used in competitive markets

7. Change of Control: Provisions addressing ownership changes - important for strategic relationships

Suggested Schedules

1. Schedule A - Licensed Patents: Detailed list and description of all licensed patents and patent applications

2. Schedule B - Technical Specifications: Technical details and requirements for the licensed technology

3. Schedule C - Royalty Calculations: Detailed methodology for calculating royalties

4. Schedule D - Reporting Templates: Templates for required periodic reports

5. Schedule E - Territory Definition: Detailed description of licensed territories if geographically limited

6. Appendix 1 - Quality Standards: Detailed quality requirements and specifications if applicable

7. Appendix 2 - Technical Support Terms: Detailed terms of technical support if provided

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Pharmaceuticals

Biotechnology

Information Technology

Electronics

Telecommunications

Manufacturing

Chemical Industry

Medical Devices

Automotive

Aerospace

Consumer Products

Clean Technology

Agricultural Technology

Relevant Teams

Legal

Intellectual Property

Research and Development

Business Development

Commercial

Technical Operations

Product Development

Regulatory Affairs

Finance

Strategy

Relevant Roles

Intellectual Property Counsel

Patent Attorney

Legal Counsel

Chief Technology Officer

Research and Development Director

Innovation Manager

Licensing Manager

Business Development Director

Chief Executive Officer

Chief Legal Officer

Technology Transfer Officer

Patent Portfolio Manager

Commercial Director

Head of Intellectual Property

Chief Scientific Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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