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Bensen of Patent Licensing Transactions

Eric E. Bensen

Bensen on Patent Licensing Transactionsa 3-volume treatise first published in 1968, provides the most comprehensive coverage of the law and practice of patent licensing available today. It covers not only the underlying legal principles that necessarily guide the negotiation and enforcement of patent license agreements, it provides numerous practical insights to help the practitioner ensure that a final agreement is drafted to protect a client’s interests and avoid unnecessary disputes.

Covered topics include:

  • Invention Ownership

  • Patent Ownership and Assignment

  • Standing to Sue for Infringement

  • Forms of Patent Licenses (e.g., exclusive v. nonexclusive, written v. oral, express v. implied)

  • The Patent Exhaustion Doctrine

  • Recordation of Patent Interests

  • Licensing of Related Intellectual Property 

  • Checklists for Drafting and Due Diligence

  • The Legal Environment for Licensing (e.g., licensee and assignment estoppel, antitrust considerations, bankruptcy considerations)

  • Specific Licensing Provisions (e.g., provisions respecting third-party infringement, sublicensing, assignability, patent notice, improvements, indemnity, governing law and jurisdiction and venue)

  • Conflicts between Federal and State Law that Impact Patent Licensing 

  • FRAND Licensing

  • Royalty

  • Termination

  • Foreign Licensing

  • Government Licensing

  • Arbitration

  • Settlement Agreements

  • Joint Defense Agreements 


Bensen on Patent Licensing Transactions also includes numerous form agreements covering a wide range of scenarios and many other resources to assist the practitioner.

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