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Non Exclusive Patent License Template for Canada

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Key Requirements PROMPT example:

Non Exclusive Patent License

"I need a Non-Exclusive Patent License agreement for licensing our pharmaceutical manufacturing process patent to multiple manufacturers in Canada, with quarterly royalty payments of 5% of net sales and strict quality control requirements, to be effective from March 1, 2025."

Document background
This Non-Exclusive Patent License agreement is designed for use in the Canadian market when a patent holder wishes to grant rights to their patented technology while maintaining the ability to license it to others. The document is particularly useful in situations where multiple market players may benefit from access to the same technology, or where the patent holder wants to maximize commercial opportunities through multiple licensing arrangements. It includes comprehensive provisions for protecting the patent holder's rights while ensuring the licensee can effectively commercialize the technology, all within the framework of Canadian patent law and commercial regulations. The agreement addresses key aspects such as territory restrictions, royalty structures, quality control, and reporting requirements, while remaining adaptable to various industries and technological fields.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses

2. Background: Context of the agreement, brief description of the patent(s), and the parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms, Patent Rights, Licensed Products, etc.

4. Grant of License: Scope of the non-exclusive license, including specific rights granted and any field-of-use limitations

5. License Fees and Royalties: Financial terms including upfront payments, ongoing royalties, calculation methods, and payment terms

6. Reports and Auditing: Requirements for reporting sales, calculating royalties, maintaining records, and rights of audit

7. Patent Marking and Protection: Requirements for marking products with patent numbers and obligations regarding patent protection

8. Representations and Warranties: Standard warranties regarding patent ownership, right to license, and non-infringement

9. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination

10. Confidentiality: Obligations regarding confidential information shared during the license relationship

11. General Provisions: Standard boilerplate clauses including governing law, notices, assignment, and entire agreement

Optional Sections

1. Sublicensing Rights: Include when licensee is permitted to sublicense the patent rights to third parties

2. Improvements: Include when parties wish to address rights to improvements made to the licensed technology

3. Manufacturing Requirements: Include when there are specific quality control or manufacturing standards to be met

4. Export Control: Include when the licensed technology is subject to export control regulations

5. Technology Transfer: Include when technical assistance or know-how transfer is part of the agreement

6. Patent Challenges: Include provisions regarding licensee's right to challenge patent validity

7. Most Favored Nation: Include when licensee requires assurance of competitive license terms

8. Government Rights: Include when the patent resulted from government-funded research

9. Insurance: Include when specific insurance coverage is required for licensed products

Suggested Schedules

1. Schedule A - Licensed Patents: Detailed list of licensed patents including patent numbers, jurisdictions, and status

2. Schedule B - Licensed Products: Specific description of products covered by the license

3. Schedule C - Royalty Rates: Detailed royalty calculations, including any volume-based adjustments or minimum payments

4. Schedule D - Technical Specifications: Technical requirements and specifications for licensed products

5. Schedule E - Territory: Detailed description of geographic territories where license rights are granted

6. Appendix 1 - Reporting Template: Standard format for sales and royalty reports

7. Appendix 2 - Quality Control Standards: Specific quality control requirements and testing procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses







































Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Telecommunications

Electronics

Automotive

Aerospace

Chemical

Clean Technology

Medical Devices

Software

Research & Development

Consumer Goods

Industrial Equipment

Relevant Teams

Legal

Intellectual Property

Research and Development

Business Development

Technology Transfer

Innovation

Commercial

Licensing

Patents

Corporate Development

Relevant Roles

Intellectual Property Counsel

Patent Attorney

Licensing Manager

Technology Transfer Officer

Chief Technology Officer

Research Director

Business Development Manager

Innovation Manager

Legal Counsel

Commercial Director

Head of R&D

Chief Executive Officer

Chief Legal Officer

Patent Portfolio Manager

Commercialization Manager

Contract Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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