Joint Development Agreement: What are key issues and terms to negotiate in a JDA?

What is a joint development agreement?

A joint development agreement (JDA) sets the terms for two or more parties working together to develop a particular product or technology. The JDA is typically negotiated before or during the working relationship. Intellectual property is often a key issue in a JDA, so the agreement should clearly state who owns what.

Need help with a joint development agreement? Call Vic at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you protect your IP.

Here are some key issues to consider in a JDA.

Definitions

  • What is the project and/or product being developed?
  • If applicable, what are the fields of use for the product or technology being developed?
  • How broadly or narrowly should the technology relating to the project be defined?
  • How should each party’s preexisting technology, know-how and intellectual property be defined and excluded from the agreement?

Intellectual Property in Joint Development Agreement

  • Who will own what IP that arises from the joint venture?
  • Will exclusions be carved out for each party’s pre-existing IP?
  • What licenses and grants will be given to each party within and without certain fields?

Termination of Joint Development Agreement

  • What is the term of the agreement?
  • Under what conditions can a party terminate the agreement?
  • What rights and responsibilities will survive the termination of the agreement?

Cost Sharing

Confidentiality Provisions

  • What information may be disclosed and/or used by each party?
  • What information shall remain confidential, and for how long?

IP Rights

  • What rights and benefits do each party receive for bringing their contribution to the table?
  • What licenses are being conveyed to each party?

Need help protecting your IP in JDA?

Reach out to US patent attorney Vic Lin by email at vlin@icaplaw.com or call (949) 223-9623 to see how our firm can help you define and protect your IP.

How useful was this post?

Click on a star to rate it!

Thank you for rating my post!

We want to do better.

Could you tell us what was missing in our post?

( Got hesitations? )
Not sure about working with us? Answer 3 quick questions below to find out if we're a good fit.

1) Please check all concerns causing you to hesitate to work with us:*

1) Please check all concerns causing you to hesitate to work with us:*

2) Share a competitive cost quote (specify the IP filing) or your specific concerns about working with us:*

2) Share a competitive cost quote (specify the IP filing) or your specific concerns about working with us:*

3) Email*

3) Email*

Not sure where to start? Start here to protect your IP.

Copyright © Vic Lin 2023