Licensing Procedures & Policies Flashcards
7 cards from real CLP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Licensing Procedures & Policies flashcards as text
A 'reach-through royalty' provision in a research license requires payment based on:
Answer: Sales of products ultimately developed using the licensed research tool
Reach-through royalties entitle the licensor to a percentage of future commercial product sales that result from use of the licensed research tool.
Under U.S. antitrust law, which licensing practice is considered per se illegal?
Answer: Price-fixing among competing licensees facilitated by a licensor
Price-fixing arrangements coordinated through licensing agreements between competitors are per se violations of antitrust law regardless of intent.
In a cross-licensing arrangement, both parties typically agree to:
Answer: Grant each other rights to use specified patents owned by the other party
Cross-licensing involves each party granting the other a license to use defined patents, often to resolve blocking patent situations or enable combined technologies.
What is the significance of the 'effective filing date' under the America Invents Act (AIA)?
Answer: It establishes priority in a first-inventor-to-file system
Under the AIA, the effective filing date determines patent priority in the first-inventor-to-file system that replaced the prior first-to-invent system.
A licensor's failure to mark licensed products with a patent number can affect damages by:
Answer: Limiting recovery to damages only from the date the infringer received actual notice
Under 35 U.S.C. § 287, failure to mark limits patent damages to the period after the infringer received actual notice of infringement.
Which element is MOST critical when defining the scope of a trademark license to maintain licensor quality control?
Answer: Specifications governing the quality and standards of licensed products or services
Quality control provisions are essential in trademark licenses because failure to control licensed use can result in 'naked licensing' and trademark abandonment.
In the context of licensing negotiations, BATNA refers to:
Answer: Best Alternative To a Negotiated Agreement
BATNA (Best Alternative to a Negotiated Agreement) defines each party's fallback position if negotiations fail, setting the floor for acceptable deal terms.