Non-Patented Products Clause Samples
The Non-Patented Products clause defines how products that are not covered by a valid patent are treated under the agreement. Typically, this clause clarifies whether such products are included in the scope of licensed products, and may specify different royalty rates, obligations, or rights for non-patented versus patented items. For example, it might state that products lacking patent protection are still subject to certain terms, or that they are excluded from royalty payments. The core function of this clause is to ensure clarity regarding the treatment of products without patent coverage, thereby preventing disputes and aligning expectations between the parties.
Non-Patented Products. For each Product the manufacture, use or sale of which for applications within the Field is not covered by a Program Patent, Merck Patent or a Tularik Patent in a country, royalties shall be payable in such country until seven (7) years from the date of first commercial sale of the Product in such country.