• Patent Owners can Lose Their Ability to Enforce a Patent if a License is too Exclusive
  • September 1, 2010
  • Law Firm: Harter Secrest Emery LLP - Rochester Office
  • Courts will interpret an exclusive patent license as a virtual assignment of the patent, thereby giving the licensee the exclusive right to enforce the patent, if a patent owner gives a sufficiently large portion of rights in a patent to a licensee, and thus, the licensee is considered the patent owner for purposes of enforcing the patent.