The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

analysis of contract law of commercial expectations in patent license

Authors
mirghasem jafarzadeh
ali saatchi
Abstract
In this research, protection of commercial expectation has been examined. The main question is how we could identify and assess existence of commercial expectations. In response, commercial expectation are acquisition of expectable benefit in market, mass production, absence of technical failure in licensed knowledge and so on. Therefore, it is essential to response by analysis of contract law and market necessities. Therefore, it is suggested that commercial expectation should be analyzed by subject matter of contract, contractual framework, protect condition like usefulness (industrial application), content of Applications for patent particularly description and summary and document of patent. As a result, identification of commercial expectations in product contract law is different from patent contract law.
Keywords
Commercial expectations
defect
subject-matter of contract
usefulness
Applications for patent
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