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Medical Device License Agreement Template for United States

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Key Requirements PROMPT example:

Medical Device License Agreement

"I need a Medical Device License Agreement for licensing our Class II cardiovascular monitoring device to a distributor in Europe, with provisions for FDA and CE mark compliance, and technology transfer support starting March 2025."

Document background
The Medical Device License Agreement serves as a crucial document in the healthcare technology sector, establishing the framework for technology transfer and commercialization of medical devices in the United States. This agreement is essential when a device manufacturer wishes to expand market reach through licensing while maintaining quality control and regulatory compliance. It addresses FDA requirements, quality management systems, liability provisions, and commercial terms. The agreement is particularly important given the highly regulated nature of medical devices and the need to maintain compliance with federal and state regulations throughout the product lifecycle.
Suggested Sections

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

2. Background/Recitals: Context of the agreement, including description of the medical device and relevant regulatory approvals

3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology

4. Grant of License: Scope of license, territories, exclusivity terms, and field of use

5. Regulatory Compliance: FDA and other regulatory obligations, including maintenance of approvals and permits

6. Quality Control: Quality standards, testing requirements, and compliance with ISO standards

7. Commercialization Obligations: Requirements for manufacturing, marketing, and distributing the device

8. Financial Terms: Licensing fees, royalties, payment terms, and audit rights

9. IP Rights: Ownership of intellectual property and improvements

10. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Sublicensing Rights: Terms for sublicensing, including conditions and restrictions for third-party licensing

2. Technology Transfer: Process and requirements for transferring technical knowledge, materials, and know-how

3. Joint Development: Terms governing collaborative development of improvements and allocation of rights

4. Manufacturing Rights: Specific manufacturing requirements, restrictions, and quality control obligations

Suggested Schedules

1. Schedule A - Device Specifications: Technical specifications and drawings of the medical device

2. Schedule B - Quality Requirements: Detailed quality control procedures and standards

3. Schedule C - Regulatory Approvals: List of current regulatory approvals and certificates

4. Schedule D - Patents and IP: List of licensed patents and other IP rights

5. Schedule E - Royalty Calculation: Detailed methodology for calculating royalties

6. Schedule F - Territory Definition: Detailed description of licensed territories

7. Schedule G - Required Reports: Templates and requirements for periodic reporting

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

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Industries

Federal Food, Drug, and Cosmetic Act (FDCA): Primary federal law governing medical devices in the US, establishing the basic framework for medical device regulation

Medical Device Amendments of 1976: Established three regulatory classes for medical devices based on their risks and the controls necessary to provide reasonable assurance of safety and effectiveness

Safe Medical Devices Act of 1990: Strengthened FDA's post-market surveillance capabilities and established requirements for adverse event reporting

21 CFR Part 820: Quality System Regulation (QSR) that establishes quality management system requirements for medical devices

HIPAA: Health Insurance Portability and Accountability Act - Governs the protection and handling of protected health information

Patent Act: Federal law governing patents and intellectual property protection for medical device innovations

ISO 13485: International standard for medical devices quality management systems requirements

ISO 14971: International standard for application of risk management to medical devices

FDA Classification System: Regulatory framework categorizing medical devices into Class I, II, or III based on their risk level and regulatory controls needed

510(k) Requirements: Premarket notification process required for most Class II devices to demonstrate substantial equivalence to a legally marketed device

PMA Requirements: Premarket Approval process required for Class III devices, involving scientific review to ensure safety and effectiveness

Medical Device Reporting (MDR): FDA's adverse event reporting system requiring manufacturers to report device-related deaths, serious injuries, and malfunctions

Uniform Commercial Code (UCC): State-adopted uniform law governing commercial transactions, including sales and licensing of goods

Export Administration Regulations (EAR): Federal regulations governing the export of commercial and dual-use medical devices

Anti-kickback Regulations: Federal laws prohibiting the exchange of anything of value to induce or reward referrals of federal healthcare program business

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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