Government Funding and Rights. (A) Except as set forth on Schedule 4.04(i)(vi)(A), no funding of any Governmental Authority and no Intellectual Property, facilities, personnel, or other resources of any multi-national, bi-national, or international organization, university, college, or other academic institution, medical institute, or research center were used, directly or indirectly, in the creation of any material Intellectual Property Asset by or for Licensor or any of its Subsidiaries or, to Licensor’s Knowledge, its or their licensors or any prior owners of any Intellectual Property Asset, and Intellectual Property Asset was developed pursuant to the requirements of a Contract with any Governmental Authority.
(B) Except as set forth on Schedule 4.04(i)(vi)(B), no Governmental Authority has, or has any claim to, any right, title, or interest (including any “march in” rights) in or to any Intellectual Property Asset or product covered thereby.
(C) Licensor and its Subsidiaries have made and provided to the relevant Governmental Authority all material disclosures, elections, and notices required by applicable Contract terms.
Government Funding and Rights. To the knowledge of those specific personnel employed by Sanofi or its Affiliates as of the Execution Date having responsibility for Prosecution matters involving the Licensed Patents, the inventions made since the Acquisition Date and claimed in the Licensed Patents with priority dates after the Acquisition Date were not conceived, discovered, developed or otherwise made as a result of any research activities funded, in whole or in part, by the federal government of the United States (or any agency thereof).
Government Funding and Rights. To Novavax’s Knowledge, the inventions claimed in the Novavax Patents existing as of the Effective Date: (a) were not conceived, discovered, developed, or otherwise made as a result of any research activities funded, in whole or in 108 part, by the federal government of the United States (or any agency thereof) or the government of any other country; (b) are not a “subject invention” as that term is described in 35 U.S.C. §201(e); (c) are not otherwise subject to the provisions of the Patent and Trademark Law Amendments Act of 1980, codified at 35 U.S.C. §§200-212, or any regulations promulgated pursuant thereto, including in 37 C.F.R. Part 401; (d) in the case of clauses (b) or (c), are not subject to similar obligations or restrictions under the Applicable Law of any other country; and (e) are not the subject of any licenses, options or other rights of any Governmental Authority, within or outside the United States.
