Licensing a Patent Used by Another

This is the situation in which licensing is most promising. However, convincing a company to pay for a product that they already have begun marketing can be surprisingly difficult. To achieve results requires careful confirmation of infringement and patent evaluation, help from lawyers who have done licensing repeatedly, and plans and strategy for various ways a situation can develop.

Approaching an infringer first, without qualified assistance, is nearly always unwise. We would be happy to consider your matter, but if you don’t call us, please contact an attorney with experience in this field.

In appropriate, select cases, we will accept your matter for a percentage of returns, so you will not have to pay for our time except if we succeed. Please contact us for a free evaluation and consultation.

Whoever you contact, please make sure:

– Your advisor thoroughly and honestly evaluates your project.

When you contact our firm, we will carefully evaluate your matter and give you an honest report. Licensing can be a lengthy project; you want to know if the approach will not likely work.

– Your advisor is an attorney with licensing experience.

Licensing a patent is something that most attorneys, and even most patent attorneys, have not done. We have negotiated literally hundreds of patent licenses.

– Your advisor has the tenacity required to see your project through.

Licensing seems like a quick and simple task, but it can take surprisingly long amount of time. We have had projects lasting over ten years. We have never abandoned a client, and companies know that we will vigorously pursue projects that we undertake.

– Your advisor can assist you with alternatives to licensing.

We always discuss alternatives with our clients. Projects that start as licensing tasks can lead to other patent-commercialization types. Sometimes a license can turn into a sale of the patent (or vice versa). As patent lawyers who specialize in commercialization, we can help you wherever the trail leads. Non-lawyer licensing agents cannot do this.

– Your advisor can advise you of the risks.

Asking a company for a license can lead to a lawsuit. We can evaluate and advise you on the risks and ensure that there is a backup plan as appropriate.


Enter your email address to receive notifications of new posts to the "Patent Law Commentary" section of our site.