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Non Exclusive Patent License Template for India

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Key Requirements PROMPT example:

Non Exclusive Patent License

"I need a Non-Exclusive Patent License agreement for licensing my pharmaceutical manufacturing process patent to multiple Indian companies, with specific quality control requirements and quarterly royalty payments based on net sales."

Document background
The Non-Exclusive Patent License Agreement is a crucial document in India's intellectual property landscape, designed for situations where patent owners wish to monetize their technology while maintaining the flexibility to grant licenses to multiple parties. This type of agreement is particularly relevant in India's growing innovation ecosystem, where technology transfer and commercialization are becoming increasingly important. The document is structured to comply with Indian patent law, competition law, and contract law requirements, making it suitable for both domestic and international licensing arrangements. It includes detailed provisions for royalty payments, quality control, reporting obligations, and technology implementation, while considering India-specific regulatory requirements such as stamp duty compliance and foreign exchange regulations where applicable. The agreement is commonly used in various industries, from pharmaceuticals to information technology, and can be adapted to different technological contexts while maintaining its core non-exclusive nature.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and addresses

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

3. Definitions: Defined terms used throughout the agreement, including technical terms and key concepts

4. Grant of License: Scope of the non-exclusive license, permitted uses, and territorial limitations

5. License Fee and Royalties: Payment terms, royalty rates, calculation methods, and payment schedules

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

7. Licensee's Obligations: Core responsibilities including quality control, reporting, and patent marking

8. Protection of Patent Rights: Obligations regarding patent protection and enforcement

9. Representations and Warranties: Basic warranties regarding patent ownership and right to license

10. Indemnification: Mutual indemnification obligations for third-party claims

11. Confidentiality: Protection of confidential information exchanged during the license term

12. Governing Law and Jurisdiction: Specification of Indian law and jurisdiction for dispute resolution

13. Miscellaneous: Standard boilerplate provisions including notices, assignment, and severability

Optional Sections

1. Improvements: Terms regarding rights to technological improvements - include when future developments are anticipated

2. Sublicensing Rights: Terms for sublicensing - include when sublicensing might be permitted

3. Export Control: Compliance with export regulations - include for technologies with potential dual-use or strategic applications

4. Quality Control: Detailed quality standards - include for manufacturing licenses

5. Minimum Performance Requirements: Performance targets and consequences - include when commercialization is key

6. Technology Transfer: Terms for technical support and training - include when implementation requires technical assistance

7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws - include for licenses in sensitive markets

8. Insurance: Insurance requirements - include when licensed technology carries significant risks

Suggested Schedules

1. Schedule A - Patent Specifications: Detailed description of the licensed patent(s) including patent numbers and claims

2. Schedule B - Licensed Products: Specific products or applications covered by the license

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

4. Schedule D - Technical Information: Technical specifications and know-how related to the patent

5. Schedule E - Quality Standards: Detailed quality requirements and testing procedures

6. Schedule F - Reporting Templates: Standard forms for periodic reports and royalty calculations

7. Appendix 1 - Patent Documentation: Copies of patent certificates and official documentation

8. Appendix 2 - Territory Definition: Detailed description of geographic territories covered by the license

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Information Technology

Pharmaceuticals

Biotechnology

Manufacturing

Automotive

Electronics

Telecommunications

Chemical Industry

Healthcare

Consumer Goods

Clean Technology

Aerospace

Agricultural Technology

Relevant Teams

Legal

Intellectual Property

Research & Development

Business Development

Technology Transfer

Commercial

Innovation

Corporate Strategy

Compliance

Technical Operations

Relevant Roles

Intellectual Property Counsel

Patent Attorney

Legal Director

Chief Technology Officer

Licensing Manager

Business Development Manager

R&D Director

Innovation Manager

Technology Transfer Officer

Chief Legal Officer

IP Strategy Manager

Commercial Contract Manager

Patent Portfolio Manager

Technology Commercialization Director

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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