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Patents; Patent; Patentee; Intellectual Property; License; Bundle; Hohfeld; Trolls; Exhaustion; Laches; In Rem; In Personam; The License On Transfer; LOT; Frand Commitments; Rights; Right To Exclude
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Full-Text Articles in Jurisprudence
Patent Transfer And The Bundle Of Rights, Andrew C. Michaels
Patent Transfer And The Bundle Of Rights, Andrew C. Michaels
Brooklyn Law Review
When patents subject to a license agreement are transferred, to what extent do the benefits and burdens of the license agreement run with the patent? Courts have stated that those aspects of the agreement relating to “actual use” of the patent or invention are encumbrances running with the transferred patent. But this doctrinal test is not consistently applied and is not up to the task of clearly and consistently delineating the extent to which patent license agreements run with transferred patents. Conceptualizing the patent as a bundle of Hohfeldian Rights to exclude, this article proposes a more coherent framework for …