User:Econterms/springing patent license

A springing license is a contingent license of intellectual property, e.g. a copyright, patent, or trademark. The license contract between a patent holder and a potential user of the patented technology can be agreed on, but does not grant the license at that moment. Instead it "springs" into effect later once a specified time has passed or conditions are met. Relevant conditions include the sale of a patent to an NPE, or the dissolution/acquisition/bankruptcy of one of the parties.

Definition
Definition and links to sources are at Creative Commons. They did a survey and papers around 2018.

Relevant situations
Sale of the patent to an NPE. Examples.

Bankruptcy or dissolution of the licensor. A recurring idea is that a license should spring into place if the licensor goes bankrupt. However this does not appear to be enforceable in the U.S.

History
The term dates back at least as far as 2001:
 * In re Storm Technology Inc., 260 B.R. 152, 157 (Bankr. N.D. Cal. 2001), the court held that a “springing” patent license – it was to “spring” into effect if the licensor did not repay a corporate note on time – was not covered by Bankruptcy Code § 365(n). The licensor had declared bankruptcy before the note’s maturity date, and therefore, the licensee had only a contingent right to a license, not an actual license, at that time.

See also springing power of attorney We can refer to a triggering event, and conditionality.

Are there international examples?