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What is LOR? |
After a patent has been granted, the patent owner can inform the Registrar to enter in the register that licences under his patent is available as of right. That means that the patent owner cannot refuse to licence the invention. |
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What benefits are there for doing so? |
By making licences to his patent available as of right, the patent owner enjoys a reduction of his renewal fees by half the amount. The purpose of this provision is to encourage patent owners to come forward and make known their intentions to licence-out. |
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Terms of the LOR |
The terms of LOR are to be negotiated between the patent owner and the licensee. If the parties cannot agree on the terms, the Registrar may be asked to settle the terms of the LOR for them. |
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How would a patent owner inform the Registrar that he wants his patent to be endorsed as LOR in the Patents Register? |
To apply for a LOR entry to be made on the Patents Register, the appropriate form with fee should be lodged. Please refer to Patents Form 28 and its corresponding fee in this schedule. It is only when the Registrar of Patents is satisfied that the patent owner is not precluded by contract from granting licences under the patent, shall the LOR entry be made. |
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Can the patent owner apply to cancel the LOR after it has been entered in the Patents Register? |
To cancel a LOR entry that is on the Patents Register, the appropriate form with fee should be lodged. Please refer to Patents Form 30 and its corresponding fee in this schedule. When an application for cancellation is made and the balance paid of all renewal fees which would have been payable if the entry had not been made, the Registrar of Patents may cancel the entry if satisfied that there is no existing licence under the patent or that all licensees under the patent consent to the application. |
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The LOR list |
The LOR list contains details of all live granted patents with a LOR status extracted from the Patents Register. However as the LOR status of a patent can change (e.g. if a LOR endorsement is cancelled), you should check the Patents Register before relying on the information in this list. |