By: Counsel Tom McNulty
Article published on Massachusetts Lawyers Weekly
Anyone wishing to gain exclusivity in a patent should scrutinize a potential patent agreement, whether a license or an assignment, to ensure that the agreement grants them the ability to enforce the exclusivity rights they seek.
Courts look to the entirety of an agreement, with a close look at the rights (if any) retained by the licensor, to determine whether a licensee or assignee has standing to sue.
Standing is one of the most important aspects to be considered when licensing exclusive rights in a patent because lack of standing divests a court of subject matter jurisdiction and results in the dismissal of a lawsuit.
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