• In a patent context, the circumstances surrounding the conduct give rise to an affirmative grant of consent or permission to infringe a patent’s claims. For example, the conduct of a patentee who encourages the manufacture of infringing products may constitute an implied license to use the patent. An implied license may also arise when a patentee authorizes the sale or express grant of a license to a buyer, who then resells the license to a third party; the third party is the patentee’s implied licensee. [Cases: Patents 210. C.J.S. Patents § 346.]
implied license
A royalty-free license arising from a property owner’s conduct regarding another person’s use of the property even though the owner has not expressly consented to the property’s use.
