CLP Licensing Procedures & Policies 3

Question 1

A 'reach-through royalty' provision in a research license requires payment based on:

Accepted Answer

Sales of products ultimately developed using the licensed research tool

Answer

Reach-through royalties entitle the licensor to a percentage of future commercial product sales that result from use of the licensed research tool.

Question 2

Under U.S. antitrust law, which licensing practice is considered per se illegal?

Accepted Answer

Price-fixing among competing licensees facilitated by a licensor

Answer

Price-fixing arrangements coordinated through licensing agreements between competitors are per se violations of antitrust law regardless of intent.

Question 3

In a cross-licensing arrangement, both parties typically agree to:

Accepted Answer

Grant each other rights to use specified patents owned by the other party

Answer

Cross-licensing involves each party granting the other a license to use defined patents, often to resolve blocking patent situations or enable combined technologies.

Question 4

What is the significance of the 'effective filing date' under the America Invents Act (AIA)?

Accepted Answer

It establishes priority in a first-inventor-to-file system

Answer

Under the AIA, the effective filing date determines patent priority in the first-inventor-to-file system that replaced the prior first-to-invent system.

Question 5

A licensor's failure to mark licensed products with a patent number can affect damages by:

Accepted Answer

Limiting recovery to damages only from the date the infringer received actual notice

Answer

Under 35 U.S.C. § 287, failure to mark limits patent damages to the period after the infringer received actual notice of infringement.

(CLP) Certified Licensing Professional Practice Test

(CLP) Certified Licensing Professional Practice Test

CLP Licensing Procedures & Policies 3