Subject matter

Patent rights which cover plant traits or other products

Summary of use(s)

Improvement of patented technology

Purpose or background

Plant breeding

Contact details

Dr. Michael A. Kock
Swiss Patent Attorney, European Patent Attorney  
Teichgässlein 9 
CH-4058 Basel | Switzerland

  • Non-Severable Improvement Patent Right means a Patent Right owned by Company or its Affiliates, which (i) covers an enhancement, variation, modification or adaptation to the XXX Technology, and (ii) which – absent the license granted hereunder - could not be exploited without infringing a Valid Patent Claim in any Licensed Patent Right. A Patent Right which covers Trait or Other Product that is developed through the application of Licensed Patent Rights shall not be considered a Non-Severable Improvement Patent Right.

 Company Grant-back License to Non-Severable Improvements

Company hereby covenants and agrees on behalf of itself and its Affiliates to grant Patent Holders or their Affiliates a worldwide, non-exclusive license to any Non-Severable Improvement Patent Right for practicing such Non-Severable Improvements or making, using, importing, exporting offering to sell or selling products, processes or services that otherwise would infringe Non-Severable Improvement Patent Rights Covering such Non-Severable Improvements under reasonable conditions not less beneficial than those granted under this Agreement to be negotiated between the parties in good faith.

Alternative:

Company Non-AssERT to Non-Severable Improvements

Company hereby agrees on behalf of itself and its Affiliates not to assert any Non-Severable Improvement Patent Right against Patent Holders or their Affiliates, or other licensees of the Licensed Patent Rights, for practicing such Non-Severable Improvements or making, using, importing, exporting offering to sell or selling products, processes or services that otherwise would infringe Non-Severable Improvement Patent Rights Covering such Non-Severable Improvements, provided that such non-assert should only apply to parties which have granted Company in writing an equivalent non-assert under Patent Rights owned by said parties.