Technically it is not a contract. So no funds need be transfered at this time. Since they were granted a license then that would indicate a temporary condition which would be changed pending certain conditions of the MOU are met. Best quess USPTO.

Memorandum of understanding

Wikipedia, the free encyclopedia - Cite This Source

A Memorandum of Understanding (MoU) is a legal document describing a bilateral or multilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action and may not imply a legal commitment. It is a more formal alternative to a gentlemen's agreement, but in some cases, depending on the exact wording, lacks the binding power of a contract. However, care should be taken with respect to the title or heading of a document. As a matter of well-established law, a contract does not have to be labeled "contract," it could be labeled "Christmas Carol" (pick your whimsy) and still be a binding contract. Whether or not a document constitutes a binding contract depends only on the presence or absence of well-defined legal elements in the text proper of the document (the so-called "four corners"). For example, a binding contract typically must contain mutual consideration - a legally enforceable obligations of the parties, and its formation must take place free of the so-called real defenses to contract formation (fraud, duress, lack of age or mental capacity, etc.). Be advised, therefore, that a document titled "Memorandum of Undertanding" can, and often does, constitute a legally binding contract when properly executed (e.g., signed) by all the parties. The best rule to live with is, "Do not sign anything you do not wish to be held responsible for." Consider ALL signed writings as potentially enforceable documents. If it is in writing it can and often will be held against you.

IMO

Memorandum of understanding

Wikipedia, the free encyclopedia - Cite This Source

A Memorandum of Understanding (MoU) is a legal document describing a bilateral or multilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action and may not imply a legal commitment. It is a more formal alternative to a gentlemen's agreement, but in some cases, depending on the exact wording, lacks the binding power of a contract. However, care should be taken with respect to the title or heading of a document. As a matter of well-established law, a contract does not have to be labeled "contract," it could be labeled "Christmas Carol" (pick your whimsy) and still be a binding contract. Whether or not a document constitutes a binding contract depends only on the presence or absence of well-defined legal elements in the text proper of the document (the so-called "four corners"). For example, a binding contract typically must contain mutual consideration - a legally enforceable obligations of the parties, and its formation must take place free of the so-called real defenses to contract formation (fraud, duress, lack of age or mental capacity, etc.). Be advised, therefore, that a document titled "Memorandum of Undertanding" can, and often does, constitute a legally binding contract when properly executed (e.g., signed) by all the parties. The best rule to live with is, "Do not sign anything you do not wish to be held responsible for." Consider ALL signed writings as potentially enforceable documents. If it is in writing it can and often will be held against you.