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).