Patents, Know-How and Design Agreements
Patents are the hallmark of innovation. In virtually every case they represent the culmination of considerable investment both in terms of time and in terms of money. Patents also represent a valuable asset which can be exploited.
The documents in this subfolder enable you to do just that. Patent Licence Agreements allow other parties to “work” the patent in return for licence fees or royalties and subject to terms and conditions laid down by the patentee. By also licencing the know-how relating to a patent as well as the patent itself, the licensee is provided with instructions allowing them to exploit the patent correctly.
On a larger scale, a Manufacturing Licence allows third parties to exploit a broader range of intellectual property rights.
For the complete sale or transfer of a patent, a Patent Assignment Agreement provides both compliance with the law and protection for both parties.
Patents, Know-How and Design Agreements is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.
Frequently Asked Questions
I have a patent. How do I let others use it and earn from it? +
Use a patent licence. It lets a licensee work the patent, that is make, use or sell the invention, in return for licence fees or royalties and on the terms you set, such as territory, field of use and exclusivity. Licensing the related know-how alongside the patent gives the licensee the practical instructions to exploit it properly. This keeps ownership with you while turning the patent into income.
How do I transfer ownership of a patent to someone else? +
Use a patent assignment. For it to be valid, the assignment must be in writing and signed by or on behalf of the assignor. It transfers ownership of the patent to the new owner. You should also record the assignment at the Intellectual Property Office so the register reflects the new owner and to protect the new owner's position. Be clear about what is transferred before signing.
Why would I licence the know-how as well as the patent? +
A patent describes the invention but does not always give someone the practical knowledge to make or work it efficiently. Know-how is that practical, often confidential, technical information. Licensing it alongside the patent means the licensee can actually exploit the invention, not just avoid infringing it. Because know-how is protected by confidentiality rather than registration, the agreement should also keep it secret and control its use.
What is the difference between a patent licence and a manufacturing licence? +
A patent licence focuses on permission to work a specific patent. A manufacturing licence is broader, letting a third party exploit a wider range of intellectual property rights needed to produce goods, which may include patents, designs and know-how together. Choose the patent licence for a single invention and the manufacturing licence where production needs a bundle of rights. This sub-folder includes both.
How are designs protected, and can I license or assign them? +
Designs can be protected as registered designs or by unregistered design right. A UK registered design can last up to 25 years, renewed in five year periods, while UK unregistered design right lasts up to 15 years. Both can be licensed or assigned like other intellectual property. Registration gives stronger, clearer rights, so for a design you rely on commercially it is usually worth registering.
