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   I have an Invention ... Now What? (Moderators: Forum Admin, JimIvey, JSonnabend)
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   Author  Topic: Who should pay??  (Read 934 times)
tsilvers
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Who should pay??
« on: Apr 21st, 2006, 11:39am »		 Quote Quote Modify Modify
In short I have a patent and company who wants to license it....  Who should be responsible for drawing up or writing the license contractHuhHuh??  Is this something that should be done by them and given to me for review or the other way aroundHuh
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Isaac
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Re: Who should pay??
« Reply #1 on: Apr 21st, 2006, 12:22pm »		 Quote Quote Modify Modify
If I were advising a client on this issue, I would recommend that the client draft the agreement regardless of whether the client were the patentee or the licensee.  
 
No matter which party drafts the original agreement, there will be some concerns of the other party are either going not addressed, or addressed in a way not suitable to the other party.
 
I suspect that you are going to need some professional help with this.   There are a lot of issues involved and in some cases a contract that is silent on a particular issue results in an adverse result with respect to one party or the other.   So you cannot simply rely on reviewing what the other party gives you.  You need to get your own position on the agreement into the license.
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Isaac
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