Technology: 5 keys to drafting technology licenses

License agreement grant provisions are the most critical section of the agreement

This series addresses the needs the legal community has for licensing technology knowledge by laying out the basic concepts that one should understand, identifies traps for the unwary and offers drafting and negotiating tips. Click here to read part one.

The grant provisions in a license agreement should be considered the most critical section of the agreement and should constitute the core around which all the other provisions revolve.

Drafting Tips

1. Include all scope and condition language in the license grant section rather than elsewhere in the agreement. Also, given its preeminence, I recommend having the license grant section be at or near the beginning of the agreement.


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Mark Malven

Mark Malven is the leader of the technology transactions practice at Dykema Gossett PLLC and immediate past chair of the IT Law Section of the...

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