Hawley Legal Resources, LLC
  • Home
  • Free EBook
  • Our Services
    • About The Cost of a Patent
    • What is Intellectual Property?
    • Client's Rights and Responsibilities
  • About Attorney Bertram
  • Protecting Your Assets ~ Blog
  • Contact Us

Every word in a contract matters

2/22/2012

0 Comments

 
This is a fairly complex article for legal practitioners, detailing why it's so important for licensees to have an "exclusive" or "controlling" right to use a patent.  If you are simply granted a right to use someone else's patent, you are given no rights to defend yourself or your use of it if that patent ends up infringing on someone else's property.

Yes, we all hope that after several long years with the patent examiners of the USPTO, every patent has been thoroughly vetted and compared with everything else under the sun.  But it's not always the case -- sometimes patent examiners miss something, or other technology not yet in the market jumps ahead in line of your patent.  Sometimes patent owners wait on purpose until you use infringing technology so they can sue for damages.  It's a tough world out there.

The point of sharing this more complex article springs from an article I'm working on for a magazine about common pratfalls that licensing professionals make when negotiating big deals.  Don't think that the "boring" part of a contract is not important because it's basically the same for every deal.  We sign so many contracts in our daily lives -- from cell phone services to Netflix user agreements to privacy policies at the doctor's office -- that we run the risk of getting numb to the value of the words therein.

Think of it this way:  every contract has "boring stuff" like indemnities and warranty clauses, choice of laws, termination, and scope of rights BECAUSE IT'S SO IMPORTANT.  It's not a rug or floor covering, it is the floor.  Without understanding these parameters of the agreement, you don't have a complete agreement.  If you are considering granting a license or getting one for your business, call us.  The first 30 minute consultation is free and we can help you demystify some of the "boring" parts of any agreement you are being asked to sign.  

HLR specializes in empowering small business owners to help themselves:  we will explain anything we draft for you to you so that you can negotiate it yourself.  You will understand what you are asking for and why, what you are giving away and what it's worth to you,  and what the counterpart is asking for and why.  Some larger law firms pat you on the head and take care of these "details" for you.  That's great if you have deep pockets or little time to build your own alliances.  But for those of you who are hands-on, it's crucial that you understand the mechanisms by which your products and services are shared and controlled. 
0 Comments



Leave a Reply.

    Hawley Legal Resources, LLC

    Contemporary and interesting issues affecting small business.

    Archives

    February 2019
    September 2018
    October 2017
    May 2014
    July 2013
    June 2013
    January 2013
    December 2012
    November 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011

    Categories

    All
    Copyright
    Defamation
    Entrepreneurship
    Fashion
    Infringement
    Kirkbride
    Licensing
    Patents
    Politics
    Start Ups
    Start-ups
    Trademarks
    Work-made-for-hire

    RSS Feed

Powered by Create your own unique website with customizable templates.