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But you can keep royalties received on patents that are later found to be invalid, which I think is what the parent is trying to say.
by fncypants 11y ago
But you can keep royalties received on patents that are later found to be invalid, which I think is what the parent is trying to say.
- sandworm101 11y agoYes. And if you have an agreement that makes no mention of the patent, that just says "I will give you money every time I sell a product" then you may still have to shell out long after the patent has expired. Everyone is free to draft contracts between parties going well beyond the limits of IP law.
- shard 11y agoThat means the payer is getting something else besides the right to use the patent. So whatever product or service the payee is providing, they have to continue providing it even though their patent is invalid. That doesnt seem like such a problem, except for the fact that when the contract was drafted, there may have been less competition for the service the payee offered.
- DannyBee 11y agoYou have to actually get something in return for this to be a valid contract. If it's not IP rights, what is it? Because otherwise, i'd just breach the contract. In fact, this is what has happened in numerous cases.
- DannyBee 11y agoSure, but actually, most patent agreements that get signed nowadays include clauses to deal with this :)