The consideration that the licensee will provide in return for issuing the patent license is called a licence fee. For a “paid” licence, the “flat fee” is a specified amount of money, usually due shortly after the patent comes into force (for example. B within 15 business days of coming into force), and no additional payment is required. Otherwise, the licence fee is an “ongoing licence fee” that normally must be paid annually. The annual fee may be a certain amount (for example. B $1 million per year) or an amount commensurn to the volume of the licensee`s licensed activity (e.g. B one dollar per unit of the licensed product sold by the licensee this year or one per cent of the net amount of the sale of the licensed products sold by the licensee this year). If a licence can be revoked as it sees fit by the licensee, the courts cannot grant a specific benefit to the licensee. [6] A taker would not make forced applications or detention proceedings because no potential interest was ever granted to the taker.

The licensee would also not be able to recover damages for the money spent, unless he can rely on the licence. However, in some cases, licences may be made irrevocable and some benefit may be granted. Where a licence is made with a certain duration and a valid consideration is transferred, the revocation of the licence may result, before the expiry of the conditions, in infringements that could constitute damages against the licensee. Once the licensee terminates or revokes the licence, the release period is required by law before the start of a special property restoration procedure (z.B. in NY, this requirement is 10 days). Patent licenses have been studied in formal business models in the field of industrial organization. In particular, Katz and Shapiro (1986) studied the optimal licensing strategy of a research laboratory sold to competing companies in the product market. [15] It appears that the licensee`s incentives to develop innovation may be exaggerated (compared to the social protection solution), while the licensee`s incentives to disseminate innovation are generally too low. Subsequently, the pioneering work of Katz and Shapiro (1986) was extended in several directions. For example, Bhattacharya, Glazer and Sappington (1992) have taken into account the fact that licensed companies need to invest more to develop marketable products. [16] Schmitz (2002, 2007) has shown that due to negative selection or moral risk, asymmetric information can lead the research laboratory to sell more licenses than would be the case for complete information.

[17] [18] Antelo and Sampayo (2017) studied the optimal number of licenses in a signalling model. [19] A bachelor`s degree is a university degree that has traditionally been licensed to teach at a university or to practice a particular profession.