Licences
The basic position concerning licences as set out for other intellectual property laws applies to patents. Essentially, a licence grants a person or organisation permission to do something which would otherwise constitute an infringement.
There are some additional facets to patent licences which might affect you. These concern the following.
Licences of right
These are granted where the patent has been endorsed with the words ‘licences of right’. Anyone who wants a licence can apply to the Commissioner of Patents who will determine the terms and conditions of the licence.
Read section 53 of the Patents Act.
Compulsory licences
These are granted where the patentee has abused their monopolistic position by not exploiting the patent and also refusing to grant a licence.
Read section 56 of the Patents Act.
Contractual licences
If a contract relates to a patent licence, the contract terminates on the date on which the patent expires.
Read section 57 of the Patents Act.