In effecting the standardization of patent license agreements, the purpose and necessary conditions underlying standardization should first be determined. The contract provisions can then be classified and separated as essential or non-essential to facilitate the standardization process. Once separated, the writer can focus on those elements of essential clauses that can be standardized and those that may vary from agreement to agreement. A disciplined process enables the analysis of such elements and reduces the level of confusion and variability. The use of defined terms, the content of which may vary, enables the architecture of agreements to be finite and predictable, while the specific elements remain adaptable to each transaction.
December 06, 2010
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