Licensing software to foreigner countries

I am a patent attorney generally on the patent owner's side. Signing such a clause should make you nervous. You don't want to be responsible for the major company's infringement. The major company is likely getting more benefit out of using your software than your company is making by selling licenses. The previous gentleman's answer is incorrect. Anyone can be sued for patent infringement if they make, sell, or *use* the claimed invention. It depends on the claims in the asserted patent. Based on experience, it's much more likely that the larger entity would be sued for infringement. A patent infringement case could cost anywhere between $350k-$5M+ USD. http://www.cnet.com/news/how-much-is-that-patent-lawsuit-going-to-cost-you/ In order to properly answer your question, I would need to know why you feel it's "very unlikely" that someone would sue the major company for using your software. If the major company won't back down on this provision, the best thing you can do is determine if you need IP (defense) insurance. If a patent attorney determines that it is necessary, raise the price of your license and get IP insurance.

This is a tough one. When I started my prepared meal delivery service in Toronto, there was no way to make it legit working from home. I also was a vendor at a farmers' market and the only prepared products that were able to legit be made in a home kitchen were products made on a farm. Otherwise, everything needed to be made in a commercial kitchen. Most small food businesses start out of a home kitchen until a time when they can kitchen-share with a restaurant or it becomes worthwhile to rent commercial kitchen space at a commissary. My gut says that there likely isn't a way to make it legit, but it could depend on what city you live in. If you were doing in-home/private chef services, this is a different story, as the food is being made onsite. This type of service requires a standard business license and food handling certifications. A permit would be required if you had a food cart or truck, as well. I'd be happy to answer any other questions relating to this with a complimentary call. Contact me if you're interested. Jacinthe

I'm not an expert on German law, so please take everything with a grain of salt. This is never an easy issue because there aren't many persuasive arguments on either side. What usually ends up happening is that the parties defer to a neutral jurisdiction, typically New York law/New York courts or English Law/London courts. The reason being that most major companies worldwide usually have some nexus to either New York or London, so it's something they can agree to. Your best argument for requesting US law is that you are a US company, and the fact that most German companies are still sometimes subject to US law. (Many online companies offer only US terms and conditions, so German companies just have to agree to it sometimes.) I would avoid at all costs agreeing to German law or jurisdiction. Civil law (Europe) is very different than common law (England, US, Canada, Australia etc.) both in terms of the law and procedures. If they won't agree to New York, then push England. If that fails, then delete the governing law provision altogether and you can fight it out if and when a situation in which matters arises. To answer your second question, if you agree to German law and a judgment is rendered against you: (1) having a German judgment against you if you don't have any assets in Germany is a bit useless, as there is nothing to seize if you refuse to pay. They can seek to have the judgment recognized in US courts. This is an expensive process and most companies won't go through the effort because effectively they have to relitigate the matter in the US to get the enforcement order. However, they can do so if they are so inclined. (2) If a judgment is rendered against your company, then my presumption is that as a director or officer, you can encounter issues in Germany if you ever try to enter. This is where I'm least knowledgeable but I'd guess that if a judgement of a court is ignored, then eventually the directors and officers can be subject to criminal proceedings for contempt. If that happens, you could be arrested in Germany if you ever try to enter. I'm just guessing at that last part, but you don't want to go down that road, even if I'm entirely wrong. Ronan

Licensing a platform is a terrific way to generate revenue. We struggled to gain an audience to our site and didn't have the funds to market as heavily as we would have wanted. In came the offers to license. Margins were tighter, but the exposure to new customers made a world of difference.

So this is a great question and requires a relatively complex answer. And this is NOT legal advice. The first answer is that No, in most cases do not patent the invention yet. Often a provisional patent will do just fine, much cheaper and faster to market. Most inventor patents out of the gate are a waste of time/money. Additionally, one license negotiation piece is that if you have the Prov Patent Application, (PPA) then you can have the licensee pay for the cost of YOUR patent. I recently interviewed licensing expert Stephen Key, NYT Bestselling author of One Simple Idea about this topic. You can listen if you'd like for free here: http://baconwrappedbusiness.com/stephen-key/ Hope this is helpful