Federal Patent Laws: Primary legislation including Patent Act (35 U.S.C.), America Invents Act (AIA), and Patent Cooperation Treaty (PCT) for international rights
Antitrust Laws: Including Sherman Antitrust Act, Clayton Act, Federal Trade Commission Act, and Guidelines for the Licensing of Intellectual Property by the DOJ and FTC
Contract Law: State-specific contract laws and Uniform Commercial Code (UCC) provisions governing contractual relationships
Tax Considerations: Internal Revenue Code provisions relating to royalty payments, state tax laws on royalty income, and relevant international tax treaties
Securities Laws: Securities Act of 1933 and Securities Exchange Act of 1934, if the agreement involves public companies or securities
Industry-Specific Regulations: Regulations specific to the industry sector (e.g., pharmaceutical, telecommunications) that may affect patent licensing
Patent Validity: Legal considerations regarding the validity and enforceability of the patent rights being licensed
License Scope: Definition and limitations of the license rights being granted, including territory restrictions and field of use
Royalty Terms: Provisions for calculation of royalties, duration of obligations, reporting requirements, and audit rights
Quality Control: Provisions ensuring quality standards and maintenance of patent value through proper use
Confidentiality: Obligations regarding protection of confidential information exchanged during the agreement
Dispute Resolution: Mechanisms for resolving disputes, including choice of law, jurisdiction, and arbitration provisions
