Legal Definitions - implied license by acquiescence

An implied license by acquiescence is a type of license that arises from the patentee's passive acceptance or implied consent to an otherwise infringing act. It is a royalty-free license that is not expressly granted but is inferred from the circumstances surrounding the conduct of the patentee.

For example, if a patentee knows that someone is using their patented invention but does not take any action to stop them, it can be inferred that the patentee has given an implied license to use the invention. This type of license can 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.

Overall, an implied license by acquiescence is a license that is not explicitly granted but is inferred from the conduct of the patentee.