Getting the most out of a patent

Our client had been approached by the owner of a patent which related to golf equipment and, following their initial discussions, our client identified an opportunity for it to exploit the patent commercially by manufacturing and distributing a new golf-related product.

We undertook due diligence to advise our client on the strength of the other party’s patent.We then prepared, negotiated and advised on an exclusive patent licence and manufacturing agreement for our client.

The patent owner tried to impose a large number of obligations on our client and, following negotiation, we were successful in diluting the amount of onerous obligations on our client.

We were also successful in obtaining meaningful warranty and indemnity protection for our client in relation to the validity of the patent and non-infringement of third party rights.