Patent Sharing Agreement Template for England and Wales

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Key Requirements PROMPT example:

Patent Sharing Agreement

"Need a Patent Sharing Agreement between our biotech company and a research university, covering three specific patents in gene editing technology, with provisions for future improvements and academic publication rights, to be effective from March 2025."

Document background
A Patent Sharing Agreement becomes necessary when organizations wish to collaborate through sharing intellectual property rights while maintaining legal protections. This document, governed by English and Welsh law, establishes the framework for patent sharing arrangements, including licensing terms, royalty structures, and territorial restrictions. It's particularly relevant in industries where technological collaboration is essential for innovation or where patent pools can reduce barriers to market entry. The agreement ensures compliance with UK patent law while facilitating technological cooperation between parties.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the agreement and brief description of parties' patent portfolios

3. Definitions: Key terms used throughout the agreement including Patents, Licensed Rights, Territory, and Improvements

4. Grant of Rights: Scope of patent sharing/licensing rights granted between the parties

5. Financial Terms: Royalties, payments, and financial obligations between the parties

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

7. Confidentiality: Protection of confidential information shared between parties

8. Warranties and Representations: Legal assurances regarding patent ownership and validity

9. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction

Optional Sections

1. Quality Control: Standards and requirements for implementation of shared patents in products or services

2. Sub-licensing Rights: Provisions for granting rights to third parties, including conditions and restrictions

3. Improvements: Rights and obligations regarding future improvements to shared patents

4. Territory Restrictions: Geographical limitations and restrictions on patent usage

5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws

Suggested Schedules

1. Schedule 1 - Schedule of Patents: Comprehensive list of all patents covered by the agreement, including patent numbers and jurisdictions

2. Schedule 2 - Royalty Calculations: Detailed methodology for calculating royalties and other financial considerations

3. Schedule 3 - Technical Specifications: Technical details and implementation requirements for the shared patents

4. Schedule 4 - Approved Sub-licensees: List of pre-approved sub-licensees and their permitted scope of use

5. Schedule 5 - Quality Standards: Detailed quality control requirements and standards for patent implementation

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 Industries
Relevant Teams
Relevant Roles
Industries

Patents Act 1977: Primary UK legislation governing patents, covering patent rights, ownership, licensing provisions, joint ownership, and registration requirements

Intellectual Property (Enforcement, etc.) Regulations 2006: Regulations detailing the enforcement of IP rights and available remedies for infringement

Competition Act 1998: Ensures compliance with competition law and prevents anti-competitive effects in patent sharing arrangements

European Union (Withdrawal) Act 2018: Addresses post-Brexit implications for patent rights and consideration of retained EU law in IP matters

Common Law Principles: Fundamental legal principles covering contract formation, consideration, and remedies for breach of contract

Paris Convention: International treaty providing protection for industrial property, including patents across member states

Patent Cooperation Treaty (PCT): International patent law treaty providing unified procedure for patent filing across member countries

European Patent Convention: International treaty establishing the European Patent Organisation and unified system for patent grants

UK GDPR and Data Protection Act 2018: Data protection legislation relevant when patent sharing involves processing of personal data

Licensing Terms Framework: Essential contractual elements covering scope of license, permitted uses, and territorial restrictions

Royalty Arrangements: Framework for financial compensation, payment terms, and calculation methods for patent usage

Confidentiality Obligations: Requirements for protecting confidential information shared during the patent sharing arrangement

Dispute Resolution Mechanisms: Procedures and forums for resolving disputes arising from the patent sharing agreement

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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