The key terminology here is "exclusive" or "sole". They are not the same, as Attorney McDonald notes. I want to reiterate that point. This is why readers need to hire an attorney to write a patent license or to review it. If the license was "sole" the asker could practice the invention. If the license was "exclusive" the asker can't. One simple word makes all the difference. A layman may not know this, a competent attorney (as Attorney McDonald proves) definitely will. If a layman writes a license, Forrest Gump description of Life fits the license, "Life is like a box of chocolates, you never know what you will get."
Bruce E. Burdick Alton Intellectual Property Law Attorney
Posted over 14 years ago.
The key terminology here is "exclusive" or "sole". They are not the same, as Attorney McDonald notes. I want to reiterate that point. This is why readers need to hire an attorney to write a patent license or to review it. If the license was "sole" the asker could practice the invention. If the license was "exclusive" the asker can't. One simple word makes all the difference. A layman may not know this, a competent attorney (as Attorney McDonald proves) definitely will. If a layman writes a license, Forrest Gump description of Life fits the license, "Life is like a box of chocolates, you never know what you will get."