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Technology Licensing

Technology licensing is the most common method by which technology is transferred from inventors to the companies that commercialize the inventions. Licensing differs from a sale because the technology owner retains ownership but grants commercial-use rights to the licensee. Generally, our clients prefer to license rather than sell their technologies because they want to retain reasonable levels of control over the technologies they have created.

A technology sale typically involves a complete parting with any right to control new product development and marketing process. In some cases, our clients would rather see their new technologies become fully developed rather than shelved by a potential partner in favor of the partner’s previously existing products. In other cases, our clients wish to avoid potential conflicts between licensees.

As we assist our clients transfer their technologies to companies that will develop and market the new products, our clients appreciate our ability to guide them through the difficult licensing process.

Typical Technology Licensing Issues

Typical issues arising in technology licensing, include:

  • What licensee fee is appropriate?
  • When and how should license fees be paid?
  • Should there be a royalty and how is that determined?
  • Who should be granted an exclusive license?
  • How long should a license last?
  • How is the license going to be monitored and enforced?

Because we conduct new technology valuation on a regular basis, BPSG helps inventors to establish the value of their technologies. We also have the experience necessary to protect our clients’ interests throughout the licensing or sale process. We have licensed and sold many technologies over the past thirty years.