L23 Other Licenses


Compulsory Licenses & Licenses of Right
In some jurisdictions (e.g. the UK) non-use of or a failure to meet market demand for a patented invention within three years of grant can lead to others applying for a compulsory licence. In the UK the terms of such licences are set by the patent office. In practice little use is made of such licences. In most cases where the inventor is not using the invention no one else wants to either.


Implied Licenses
An implied licence may arise through the conduct of the licensor for example by accepting a royalty payment. Sale of a patented product might imply a licence to use the product providing other IP is not infringed. Sale of a product may include an implied licence to repair, but not to make a new product. The existence of implied licences is highly dependent on the law of the country concerned.