Patent Licensing

Are royalties subject to withholding tax in Georgia?

Yes, royalties paid to a non-resident licensor are generally subject to a 5% withholding tax. However, this rate may be reduced or eliminated under applicable Double Taxation Treaties.

Can I license a patent application before it is granted?

Yes, you can license a pending application. However, the contract should include clauses specifying what happens if the patent is ultimately rejected or granted with narrower claims.

What is a Cross-Licensing agreement?

Cross-licensing occurs when two parties grant licenses to each other for their respective patents. This is common in tech industries where products rely on multiple overlapping technologies, avoiding mutual litigation.

How do I enforce quality control in a license?

The licensing agreement should include strict quality control clauses. If the licensee produces substandard goods using your technology, you should have the right to terminate the license to protect your brand reputation.

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Patent Licensing and Technology Commercialization Services

A patent is a powerful monopoly right, but its true economic value is often realized through licensing. Patent licensing allows an inventor or company (licensor) to grant another party (licensee) the right to use their technology in exchange for royalties, while retaining ownership. This is an ideal way to bring innovation to market without needing your own manufacturing resources. Patent licensing can be complex, involving know-how transfer, territorial restrictions, and quality control. A poorly drafted contract can lead to loss of technology or revenue.

Legal.ge offers comprehensive legal support for patent licensing. Our patent attorneys and lawyers assist in negotiations, contract drafting, and registration with Sakpatenti. Our goal is to turn your invention into a profitable business asset.

What Does Patent Licensing Service Cover?

Our service covers all stages of technology transfer:

  • License Structuring: Exclusive, non-exclusive, or sole license? We help you choose the optimal model.
  • Contract Drafting: Preparing a detailed contract regulating the scope of use, territory, duration, and remuneration (Lump sum vs Royalty).
  • Know-How Protection: Regulating the transfer of unpatented technical secrets (Know-How) alongside the patent with strict confidentiality.
  • Cross-Licensing: Facilitating agreements where companies exchange rights to use each other's patents.
  • Registration with Sakpatenti: Registering the license agreement in the state registry, which is essential for enforceability against third parties.
  • Due Diligence: Checking the partner's reliability and solvency before signing the contract.

Common Situations and Scenarios

A typical scenario is university invention. Scientists created a new material but lack a factory, so they license it to a construction company. A lawyer drafts a contract specifying royalties from sales and reserving the university's right to continue research on the technology.

Another scenario is a territorial license. A foreign company grants a Georgian factory the right to manufacture patented machinery only for the Georgian market. The lawyer ensures that "gray exports" (selling products to other countries) are restricted.

Georgian Legislation and Legal Framework

Patent licensing is regulated by the Patent Law of Georgia. According to the law, a license is valid only in written form. Furthermore, while registering the license with Sakpatenti is not mandatory for the contract's validity between parties, it is necessary for it to be effective against third parties (e.g., in case the company is sold).

Process of Receiving Services

The process begins with verifying the patent status (is it valid?). Then a Legal.ge lawyer negotiates with the potential licensee. We prepare a "Term Sheet" with key conditions. After signing the contract, we ensure its registration with Sakpatenti. We also assist the client in royalty audits to ensure the partner is paying correctly.

Turn your idea into income. Our experts will help you close a secure and profitable deal.

Why Choose a Specialist on Legal.ge?

Patent licensing requires technical and commercial knowledge. On our platform, there are lawyers who understand the innovation lifecycle and know how to value technology.

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