Background Inventions. Other than as specifically stated in this Article 7, nothing in this CRADA will be construed to grant any rights in one Party’s Background Invention(s) to the other Party, except to the extent necessary for the Parties to conduct the research and development activities described in the Research Plan.
Background Inventions. Nothing in this CRADA shall be construed to grant a Party any rights in another Party’s Background Invention.
Background Inventions. If any letters patent should issue on Background Inventions which are owned exclusively by one party ("Single Owner Background Patents"), the parties agree as follows:
3.5.1. The owner of the Single Owner Background Patent shall grant to the other party a worldwide, perpetual, irrevocable, royalty-free, nonexclusive license, without the right to sublicense, to practice any and all methods, systems and inventions contained in the Single Owner Background Patent;
3.5.2. Such license to practice the Single Owner Background Patent does not convey in any way to the licensee any right to use any of the licensor's software, technical data or physical device in connection with the Single Owner Background Patent. Such use of the licensor's software, technical data or physical device shall be governed by a separate license to be negotiated and agreed to by the parties.
Background Inventions. In no event shall the provisions set forth in this Article X apply to any Background Inventions or
Background Inventions. Other than as specifically stated in this Article 7, nothing in this CRADA will be construed to grant any rights in one Party’s Background Invention(s) to the other Party, except to the extent necessary for the Parties to conduct the research and development activities described in the Research Plan. Collaborator understands that any license agreement executed by PHS with Collaborator for a CRADA Subject Invention or Background Invention grants Collaborator rights to the PHS-owned intellectual property specified in the license agreement within the agreed field of use. This license agreement(s) should not be construed by Collaborator as a license to any third party proprietary agents utilized in the CRADA Research Plan or as freedom to operate in view of any third party proprietary agents. Amend Section 7.2 to read as follows:
Background Inventions. Background Invention means any Invention in which the Recipient or sub-Recipients of any tier has retained title that (1) was not conceived or first actually reduced to practice in the performance of work under this Agreement and (2) was developed at private expense, either exclusively or partially. The Parties agree to the following:
1. With respect to any Background Invention incorporated into Deliverables or otherwise made available to the Government under this Agreement, the Government shall have a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for any Government purpose, and to authorize others to do so.
2. Incorporated into this Agreement as Attachment 4, the Recipient has disclosed in good faith a table of asserted Background Inventions that identifies for each Background Invention a minimum of the following:
a. The US Patent or patent application covering the Background Invention; and
b. The work products to be delivered under this Agreement that incorporate the Background Invention.
3. Any Invention arising under this Agreement or incorporated into work products delivered or otherwise made available to the Government under this Agreement shall be considered a Subject Invention if such Invention has not been asserted by the Recipient to be a Background Invention in Attachment 4.
4. In addition to the assertions made at the time of the execution of this Agreement, other asserted Background Inventions may be identified and added to Attachment 4 after award via mutual agreement of the Parties when based on new information or inadvertent omissions, unless the inadvertent omissions would have materially affected the NIH’s decision to execute this Agreement.
Background Inventions. This Master Agreement does not grant any implied licenses for practicing background inventions in the performance of work outside of this Master Agreement. However, as to work performed under this Master Agreement in accordance with the JWS, the Parties agree to refrain from asserting any claims of patent infringement or other violations of Intellectual Property rights which the Parties own or control.
Background Inventions. In no event shall the provisions set forth in this Article apply to any Background Inventions or Patents. C5 Member Entities, C5 PAHs or their subcontractors shall retain the entire right, title, and interest throughout the world to each such Background Invention and Patent that each Party has brought through BUYER to the Project issued under this Agreement, and the Government shall not have any rights under this Agreement to such Background Inventions and Patents. Projects to be funded under this Agreement will list Background Inventions and Patents anticipated to be used on the Project; such listing may be amended by the Parties as appropriate to reflect changes in such plans.
Background Inventions. In no event shall the provisions set forth in this Section 10 apply to any Background Inventions or Patents. Subcontractor or its subcontractors shall retain the entire right, title, and interest throughout the world to each such Background Invention and Patent that each party has brought to the Work performed under this Subcontract and the Government shall not have any rights under this Subcontract to such Background Inventions and Patents. Projects to be funded under this Subcontract will list Background Inventions and Patents anticipated to be used in the Work; such listing may be amended by the Parties as appropriate to reflect changes in such plans.
Background Inventions. In no event shall the provisions set forth in this Article X apply to any Background Inventions or Patents. The PAH or its subcontractors shall retain the entire right, title, and interest throughout the world to each such Background Invention and Patent that each Party has brought, through the CAO, to the Project issued under this Agreement, and the Government shall not have any rights under this Agreement to such Background Inventions and Patents. Projects to be funded under this Agreement will list Background Inventions and Patents anticipated to be used on the Project; such listing may be amended by the Parties as appropriate to reflect changes in such plans.
