Harvard also offers option agreements for companies considering licensing a Harvard technology. An option agreement allows a company to “retain” a technology for a short period of time, during which it can further assess its potential or raise funds for product development without committing or committing Harvard to meet the obligations arising from a licensing agreement. Options typically last from six months to a year and typically require both an initial fee and a refund of the patent process for the duration of the option. Harvard offers certain materials (usually biological research material) for commercial purposes on a non-exclusive basis. Some materials, such as mice. B, are usually offered on a lump sum basis or with fixed annual payments. others, such as hybridoma cell lines, also include royalty-based payments. Standard contracts for both types of hardware licenses are listed below. Without this agreement, the owner of valuable intellectual property would not be able to make money from that intellectual property or control how intellectual property is used in the world. And individuals and businesses that need some intellectual property to grow their business or make a living may not be able to access it. 4.2 The Licensee may authorize its employees to use the Asset for the purposes described in Point 8, provided that the Licensee takes all necessary measures and imposes the necessary conditions to ensure that all employees using the Asset do not market or disclose the content of the Asset to third parties or market or disclose the content of the Asset to a third party or otherwise than in accordance with the terms of the this Agreement. use.

This type of license agreement is most often associated with software deployments. If your property isn`t software or an app, you probably don`t have to worry about it. Basically, an unlimited license agreement means that a software provider (or SaaS) gives a company unlimited downloads or user access to its software. If the software is your property, you may want to decide how your partner is allowed to distribute it. You need to make sure that if someone manufactures or modifies your property, the results will meet your standards. If the work does not meet your standards and is not met in time, this often leads to the termination of the contract. You benefit from a thorough definition of your expectations and what happens if they are not compliant. In some cases, you may need to cancel the license agreement and find another company to work with.

If you are in dispute, it is advisable to speak to a lawyer. Access to Harvard`s innovations should be as easy as possible. Our licensing agreements are fair and appropriate, and OTD`s experienced staff will work with you to help you achieve your business goals. To give you an idea of how these licenses take shape, we are happy to provide you with a number of examples of agreements illustrated here. If you have any questions about these samples, please contact us. While creating the document with our template is easy, there are a few things to keep in mind when drafting the contract. You want to be able to create a deal that works for everyone, and if you`re the owner of the property, you need to make sure your interests are protected. Also keep in mind that this is a working document that can change several times during negotiations.

18.1 This Agreement contains the entire agreement between the parties and supersedes all prior agreements, obligations or agreements, whether oral or written. In addition, this Agreement may not be modified, modified or otherwise modified in any way except in writing by both parties. Geo-restrictionsSome properties have regional applications. You may want to restrict use in your area to prevent competition. Or you may want to assign rights to other people in multiple regions. This is often the case with franchises. Some agreements may also contain a non-competition clause. Is arbitration used to resolve disputes? When disputes arise, how are they handled? In many cases, the parties choose to arbitrate. I hope that everything goes well and that you will be able to resolve small disagreements, but you should have a plan in case things do not go well. 15.1 All notices required under this Agreement must be in writing and deemed to have been given (i) if delivered in person; ii) five (5) days after shipment, when sending the registered letter, acknowledgment of receipt requested and postage; or (iii) one (1) business day after shipment, if sent through a commercial overnight carrier, prepaid fee. All notices given by either party must be sent to the other party`s address as written above (unless otherwise modified by written notice). A license for Harvard`s own patent rights is subject to conditions similar to those set forth in the form agreements in the links below.

Some terms may be modified to reflect unique aspects of each situation. In particular, financial conditions are determined based on the technology to be licensed, the licensee`s business model and market standards in the industry in which the licensee operates. This type of agreement allows Harvard researchers starting a new business to easily license non-patentable, copyrighted software they have developed as part of research efforts led by professors. In cases where there are patentable elements such as unique algorithms, please read the model “Basic Exclusive License” agreement published above. The following standard license agreement contains an agreement between licensor Valerie J Toups and licensee Matthew K Jordan. Valerie J Toups agrees to allow Matthew K Jordan to use the Licensed Intellectual Property in accordance with the terms and conditions set forth. [Insert name of party that will use the Licensed Property] may not disclose confidential information to employees of [insert name of party that will use the Licensed Property], except for employees who must have the Confidential Information in order to perform their business duties related to the limited purposes of this Agreement. Any authorized employee to whom confidential information is disclosed shall, upon request to [insert name of owner of the property to be licensed], sign a non-disclosure agreement that is substantially consistent with this agreement. Licensing agreements are used in almost all business areas today. In other words, any license agreement takes place between the owner of a certain type of intellectual property (a work of art, an invention, or a written work) and a person interested in obtaining permission to use that property. Three of the most commonly used types are: If you own a patent on a useful technology, have a copyright in a popular photo, have filed a special image, or own another invention or creative work that you want to make money from, you will need a licensing agreement.

This Agreement allows you to set the terms of everything related to that particular IP and to protect your proprietary rights, including how Licensee may use the IP, who may sublicense the IP, the price of the license for the IP, and the length of time Licensee may use the IP. The party that owns the property is called the licensor and the party that uses the licensor`s property is called the licensee. This type of agreement is different from an intellectual property release, where the owner of the property waives his rights to the property and does not receive continuous compensation (royalties) in exchange for granting permission. .