Comparative Study of Patent Holder’s Obligations in Licensing Agreements

Abstract

Patent holders grant the right to exploit their inventions to others through various agreements, one of which is the licensing agreement. In Iranian law, this is known as the "licensing agreement" or the "technology transfer or sales license agreement." The obligations of the parties in such contracts are of significant importance. The aim of the present article is to conduct a comparative study of the obligations of the patent holder in licensing agreements. This article is descriptive-analytical and employs a library research method to examine the subject. The results suggest that obligations regarding the novelty, utility, and non-obviousness of the invention are inherent to the invention itself and are among the patent holder’s duties. Other obligations are established by law or through explicit agreement and implied consent of the parties. These include obligations related to the exploitability and technical feasibility of the invention, legal validity, the right to grant sublicenses, and guarantees against interference and infringement. Furthermore, in many advanced legal systems, additional obligations, such as the duty to maintain the confidentiality of information and the transfer of improvements to the patent, are included. The adaptation of these provisions could address gaps and ambiguities in domestic law.