Life sciences patent licenses - right to grant sublicenses

When negotiating a patent licence, there are a number of general issues that must be considered and agreed. One matter that is likely to need addressing is the right to grant sub-licences.

If a licence contains the right to sub-licence, the terms of any sub-licence granted must be consistent with the rights in the head licence. A sub-licence must not purport to grant rights to different territories or uses, nor grant exclusivity that the head licensee does not itself have.

This toolkit article is an extract from Patent Transactions in the Life Sciences (Globe Law and Business Publishing, September 2014).