Houston, TX asked in Patents (Intellectual Property) and Intellectual Property for Texas

Q: How do I get the Inventor of a patent to grant to me permission to use the patented process?

2 Lawyer Answers
James L. Arrasmith
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Answered

A: To get permission from the inventor of a patent to use their patented process, you need to obtain a license. Here are the steps you can follow:

1. Identify the patent: Make sure you have the correct patent number and that the patent is still in force.

2. Contact the patent owner: Look up the patent in the USPTO's patent database to find the inventor and their contact information. If the patent has been assigned to a company, contact the company instead.

3. Request a license: Reach out to the patent owner or company and express your interest in obtaining a license to use the patented invention. Explain how you plan to use the invention and why it would be mutually beneficial.

4. Negotiate the terms: If the patent owner is willing to grant you a license, discuss the terms of the agreement, including the scope of the license, royalty payments, duration, and any other conditions.

5. Sign a licensing agreement: Once you have agreed on the terms, draft a licensing agreement with the help of an attorney experienced in intellectual property law. Both parties should sign the agreement.

6. Pay any required fees: You may need to pay an initial licensing fee and ongoing royalties based on the terms of the agreement.

Keep in mind that the patent owner is not obligated to grant you a license, and they may choose not to do so for various reasons. If they decline, you cannot use the patented invention without risking infringement and potential legal consequences.

If you are unable to secure a license, you may need to find an alternative solution or work around the patent, ensuring that you do not infringe on the protected intellectual property.

Peter D. Mlynek agrees with this answer

A: Typically by paying a royalty to the patent owner pursuant to a licensing agreement.

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