Understanding Non-metered License: Legal Insights and Implications

Definition & Meaning

A non-metered license is a type of agreement that allows a person or company to use a patented invention in exchange for a flat percentage of their sales. Unlike metered licenses, which charge based on actual usage of the patent, non-metered licenses do not consider how much the patent is utilized. This means the licensee pays the same percentage regardless of their level of use. Such agreements can sometimes lead to disputes, as buyers may seek to pay only for the actual use of the patent.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A software company enters into a non-metered license agreement with a technology firm, agreeing to pay 5 percent of its annual sales for the use of a patented algorithm, regardless of how often it uses the algorithm.

Example 2: A manufacturer of consumer goods licenses a patented design under a non-metered agreement, paying a flat rate based on total sales, even if the design is used in only a fraction of their products. (hypothetical example)

What to do if this term applies to you

If you are considering a non-metered license, it's essential to:

  • Evaluate your expected use of the patent.
  • Consult with a legal professional to understand the implications of the agreement.
  • Explore US Legal Forms for templates that can help you draft a suitable agreement.

Quick facts

Attribute Details
Typical Fee Structure Flat percentage of sales
Usage Consideration Not based on actual usage
Legal Area Intellectual property law

Key takeaways