Intellectual property · Legal information

Does a Patent Licence Change the Right Holder?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A patent licence ties the authority to use the invention to the period and the field the contract draws. The right holder on the register does not change with this contract. An assignment passes ownership to the other side. A licence does not make that passage. The answer to whether a licence changes the right holder is that it does not. The rate of the fee is not here.

A grant of authority is not a transfer of ownership

The licensee produces or sells inside the limit written in the contract. Outside the limit is not a field the authority widened by itself. Even an exclusive licence does not pass the certificate into the licensee's name. In a non-exclusive licence the right holder may give authority to someone else as well. If the kind is not written, an invoice does not invent the kind later. The product name on the invoice does not enlarge the scope of the claims. The claims stand in the certificate.

If the contract writes the territory, the period and whether it is exclusive, that text is applied. If it does not, a missing kind is not completed from the invoice. A document the licensee issued to its own customer does not change the register entry of the patent. The person shown as right holder on the register stays in place unless there is an assignment. A new owner is not announced while there is no assignment document.

The fee does not sell the certificate

The fee may be agreed as a fixed sum or as a rate. The rate is not fixed in this article. An unpaid fee does not by itself produce a holding of infringement. The contract clause is read first. A result is not invented while there is no clause. An invoice may show that the fee was paid. An invoice does not change the kind of the licence or the limit of the claims.

That protection is twenty years is a separate heading. A licence does not extend this term. When protection ends, the authority is also caught by the term of the certificate. A longer year written in the contract does not pierce the statutory ceiling. A claim about the year is read by placing the contract and the protection record side by side. While there is no record, the term is not treated as extended.

The register, the contract and infringement

A licence is authority to use. A claim of infringement is built separately where the authority was exceeded. Production inside the authority is not written as infringement. Production outside the authority is not treated as free by itself because there was a licence. The limit is drawn from the contract and the claims. The claims stand in the certificate. The scope is not widened while there is no certificate.

Service goes to the address the parties stated in the dispute. A service clause in the contract does not change the right holder on the register. The petition does not join the licensee and the assignee in the same person. The decision does not draw the limit of the authority without the contract.

The licensee produces the goods written in the contract. A claim that is not written in the contract is not added to the patent by an invoice line. If it is wanted to be added, that is a question of a new contract or of an assignment. The assignment question is not solved inside the licence sentence. If the right holder wants to take the licence back, the reason is in the provision of the contract. While there is no provision, taking it back does not arise by itself. If production continues, continuation means that the authority continues only inside the contract period. If the period has ended, continuation does not create a new authority. A claim of authority is shown with the contract, the register and the claims document. The scope is not widened from the product on the market before that is shown. If the three records conflict, the conflict is not interpreted by itself in favour of the licensee. The conflict is read from the texts.

What is looked at in a licence contract

A patent licence is not selling the certificate. The contract and the right-holder record on the register are placed side by side. The office being in Çankaya does not choose the competent court. If the dispute goes to court, the authority is read separately from the parties' residence and the nature of the matter. The office address does not change the right holder.

This article follows this order in practice. It first reads the person shown as right holder on the register. Then it looks at whether the contract writes exclusive or non-exclusive. If the kind is not written, it does not invent the kind from the invoice. Then it asks whether the period is caught by the protection record. It does not extend the twenty years of protection with the licence sentence. It does not fix the fee rate here.

The licensee is not announced as owner while there is no assignment document. The claims stand in the certificate. The certificate, the contract and, if there is one, the invoice are read separately in the same file. An unpaid fee is not counted as an infringement decision without a contract provision. Use is not announced as free while there is no decision.

Conclusion

A patent licence does not change the right holder. An assignment and a licence are not melted in the same signature. A percentage and a tariff are not written. The frame is on the intellectual property page. Protection stands separately in the patent term, an excess in patent infringement, and the exceptional route in a compulsory licence. The basis is the text of Law No. 6769.

Legislation

Frequently asked questions

Does a licence contract change the owner of the patent?

No. A licence gives authority to use. Ownership stays with the person on the register unless an assignment is made. Its being exclusive does not change this result either.

Is the rate of the fee fixed in the statute?

No. The fee is agreed in the contract. This page does not write a rate. The result of an unpaid fee is also read from the contract provision.

Does a licence extend the twenty-year term?

No. Patent protection cannot be extended. A licence gives authority while protection exists and inside the period the contract draws. When protection ends, the authority is caught by that term as well.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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