19:43
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LSDefine
Simple English definitions for legal terms
implied license by conduct
Read a random definition: Court of Errors and Appeals
A quick definition of implied license by conduct:
An implied license by conduct is when someone gives permission for another person to use their property without actually saying it. This can happen if the owner of the property acts in a way that makes it seem like they are okay with the other person using it. For example, if someone lets their neighbor use their driveway to park their car every day, even though they never said it was okay, they are giving an implied license by conduct.A more thorough explanation:
An implied license by conduct is a type of license that arises 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. This license is royalty-free and arises from the circumstances surrounding the conduct that give rise to an affirmative grant of consent or permission to infringe a patent's claims.
For example, if a patentee encourages the manufacture of infringing products, it may constitute an implied license to use the patent. Another example is 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.
Overall, an implied license by conduct is a permission that is not explicitly granted but is inferred from the actions of the property owner.
implied license by acquiescence | implied license by equitable estoppel