Glossary

Field

Last updated 27 June 2007

Description

(or field of use limitations).

Scope of the agreement right licensed from the licensor to the licensee

Under a license agreement, the licensor can subdivide its rights and license then for only spcific applications called fields of uses. The licensee is limited to exploiting the intellectual property only in those fields of use.

Examples

Annotation: Patent owners may grant licenses extending to all users or limited to use in a defined field. General Talking Pictures Corp. v. Western Electic Co., 304 US 175, 181, 37 USPQ (BNS) 357 (1938)

Definition: "Field" means the treatment of oral pain utilizing anesthetics (excluding the treatment of sore throat and excluding any product containing amlexanox as an active ingredient). -- License and Supply agreement between Access and Wyeth, January 2004

Clause: Subject to the terms and conditions of this Agreement, ACCESS hereby grants to WYETH (a) the exclusive right and license in the Field under ACCESS's Intellectual Property Rights to market, offer for sale, sell and import products, including the Product, in the Territory, (b) the exclusive right and license in the Field under ACCESS's Intellectual Property Rights to use the Product in the Territory, provided that such right and license is limited to such use as is necessary for WYETH to market, offer for sale, sell, import and, subject to the terms and conditions set forth in Section 2.6, Manufacture the Product in the Territory, and (c) a non-exclusive right and license to use the Product and all information and Intellectual Property Rights with respect thereto (including, without limitation, data, studies and clinical trials) solely for the purpose of obtaining Regulatory Approvals for the Product. Except as expressly granted herein, ACCESS retains all rights in the Intellectual Property Rights and the Product. -- License and Supply agreement between Access and Wyeth, January 2004