Life sciences patent licensing - ownership of improvements

When negotiating a patent licence, there are a number of general issues that must be considered and agreed. One such issue is who owns improvements.

During the course of a research project in which a licensed technology is used, it is quite likely that improvements to that technology will be found. The licence governing the use of that technology must carefully prescribe who is to own such improvements. In addition, the licensor should ensure that they retain all rights to 'background intellectual property', typically comprised largely of the know-how that was licensed, together with the patent, to enable the licensee to work the licensed invention.