Intellectual Property and Technology Licensing
Intellectual Property and Technology Licensing tests IP categories, ownership, and license drafting.
Core rules
- Patent: novel, nonobvious, useful, enabled; 20 years from filing. Copyright: original expression fixed in a tangible medium; life plus 70 years; fair use; work for hire.
- Trademark: distinctive mark used in commerce; infringement requires likelihood of confusion; dilution for famous marks.
- Trade secret: reasonable secrecy measures and economic value; misappropriation.
- License: grant scope (patent, copyright, trademark, know-how), exclusivity, territory, field of use, term, royalties, sublicense, audit, warranties, indemnity, termination, and open-source compliance.
- DMCA §512 safe harbor for user content requires a designated agent, notice-and-takedown, and a repeat-infringer policy.
Worked example
A software license grants internal business use only. The licensee hosts the software for paying customers. That exceeds the field-of-use scope, so it is both breach and copyright infringement; the license limitation is a condition, not merely a covenant.
Traps
Copyright protects expression, not ideas or facts. A patent discloses in exchange for exclusivity; a trade secret lasts only while secret. An implied license can arise from delivery and intent. Open-source licenses are enforceable through copyright.