Thought Leadership

Does a License to "Make" a Patented Product Inherently Include a Right to Have a Third Party Make the Product or Its Components?

External Article

In this article, the author, Sophie (Lu) Yan, an attorney in the New York office of Baker Botts, explains that patent license agreements should not only clearly define the rights that are granted, but should expressly state the rights that are not being granted, such as the “have made” rights. In the author’s opinion, the mere reliance on a broad “reservation of rights” provision or the assumption of no implied licenses should be avoided.

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