We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

3.10.2.4 Licences

Date Published

There are two major types of licences:

  • sole licences: prohibit the patentee granting other licences, but the patentee is allowed to exploit the invention
  • exclusive licences: only the licensee, and persons authorised by him, can exploit the invention.

It is the instrument that creates the exclusive licence, not registration (Vitamins Australia Ltd v Beta-Carotene Industries Pty Ltd (1987) AIPC 90-417 and Grant v Australian Temporary Fencing Pty Ltd [2003] QSC 194).

Back to top