New Registration System for Specific Non-Exclusive Licenses
October 1, 2008, the Japan Patent Office implemented the New Registration System for Specific Non-Exclusive Licenses. The Ministry of Economy, Trade and Industry published “The Guidelines for Specifying Non-Exclusive Licenses” at the end of September.
In the industrial world, “blanket license agreements” are often made. The blanket license agreements often do not specify the patent registration number of the concerned patent right and grants a non-exclusive license to use only specific products and technologies. Also, the content of the agreements are often confidential.
Under the previous Non-Exclusive License Registration System, applicants were required to provide the patent number, the names of the licensor and the licensee, the title of the subject patent, and the amount of the consideration, etc. for the registry. As all of the registered information becomes public, the companies rarely registered their non-exclusive licenses granted by their blanket license agreements.
Under the new system 1. The non-exclusive license of patent right, etc. granted by a blanket license agreement will be registered with information such as the granted product, the technology, etc. and not the patent number.
2. The registered information will only be disclosed to persons concerned.
3. The non-exclusive license shall have effect on any person who subsequently acquires the patentee or the exclusive licensee, or the exclusive license on the patent right.
Under the new system, the licensee can continue their business in connection with the granted product or the technology by registering the non-exclusive license even ifthe licensor becomes bankrupt or grants the concerned patent right to a third party.
Under the new system 1. The non-exclusive license of patent right, etc. granted by a blanket license agreement will be registered with information such as the granted product, the technology, etc. and not the patent number.
2. The registered information will only be disclosed to persons concerned.
3. The non-exclusive license shall have effect on any person who subsequently acquires the patentee or the exclusive licensee, or the exclusive license on the patent right.
Under the new system, the licensee can continue their business in connection with the granted product or the technology by registering the non-exclusive license even ifthe licensor becomes bankrupt or grants the concerned patent right to a third party.