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Licence – right to use a patent

The patent holder can grant someone else the right to use the patented invention. This right is called a licence. Even if the holder retains the ownership of the patent, the company or person who receives the licence has the right to exploit the patented invention commercially. The licensor and the licensee should reach an agreement on the details concerning the conditions of and the compensation for the use. The licence may be exclusive, which means that the patent holder’s right to grant other licences is limited. The licence may also be limited to a geographical area.

Licences should be recorded in the Patent Register in order to make them public. A non-registered licence will not affect a third party who has obtained the patent right in good faith.

Either the patent holder or the licence holder can request to register the licence. Both entering the licence in and removing the licence from the register require an agreement between the licensor and the licensee.

It is not possible to request an entry for a patent application – entries may only be requested for patents that have been granted.

The request to register the licence or the documents enclosed with it must include:

  • The patent number
  • The licensee’s name, place of residence (domicile) or registered office, address and Business ID
  • The date of the licence agreement
  • Details on whether the licence is exclusive, if needed
  • A copy or extract of the licence agreement (business secrets should be redacted)
  • Power of attorney if the licensee’s representative requests the registration

How to file the changes

File the changes with the PRH in writing. You can send the notification and enclosures to the PRH Registry by post, email or secure email. You can also hand in the documents at the PRH customer service point.

See the contact details for the PRH Registry.

Fees

We will record the change in the register after you have paid the fee to the PRH bank account. Provide the number of the application or patent as the reference number of the payment. If the licence agreement concerns several patents or there are several licensees, we will charge a fee for each entry. There is no charge for deregistering a licence entry.

See our account numbers on the page Patent fees and payment instructions.

See the fees on the page Other fees.

Printable version Latest update 04.08.2021