4. What negotiated measures are available to you to deal with a troublesome patent?
When defensive measures are not possible, an alternative to offensive measures for dealing with a troublesome patent is to negotiate an agreement with the patent owner. This can help avoid the costs of cancellation or opposition proceedings, and maintain friendly relations with the patent owner.
However, to ensure that negotiations do not result in an agreement that is too much to the advantage of the owner of the troublesome patent, a certain balance must be struck between the partners to the agreement.
The agreement takes the form of a contract, which can contain whatever the partners want to put in it, and will depend very much on the particularities of the situation.
The cases discussed below are the most common forms of contract.
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What negotiated measures are available to you to deal with a troublesome patent?
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Bibliography
JurisClasseur Brevets, Fascicule 4495: Patent Cancellation, Emmanuel Py, LexisNexis 2021.
JurisClasseur Brevets, Fascicule 4620: Acte de Contrefaçon. – Élément légal, Christian Le Stanc, LexisNexis 2018.
JurisClasseur Brevets, Fascicule 4650: Actions complementary to infringement actions. – Provisional prohibition of infringement....
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Convention sur le brevet européen en ligne European Patent Convention: the latest continuously updated version of the European Patent Convention, which provides for an autonomous legal system for granting European patents through a single, harmonized procedure before the European Patent...
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Wikipedia article on the patent troll concept
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