Common use of Patents and Patent Applications Clause in Contracts

Patents and Patent Applications. All patents and patent applications owned by or licensed to the Company or under which the Company has rights have, to the knowledge of the Company, been duly and properly filed and maintained, except where the failure to do so would not, singly or in the aggregate, have a Material Adverse Effect; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which would preclude the grant of a patent in connection with any such application or would reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 9 contracts

Samples: Underwriting Agreement (Trillium Therapeutics Inc.), Sales Agreement (Trillium Therapeutics Inc.), Sales Agreement (Trillium Therapeutics Inc.)

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Patents and Patent Applications. All patents and patent applications owned by or licensed to the Company or its subsidiaries or under which the Company or its subsidiaries has rights have, to the knowledge of the Company, been duly and properly filed and maintained, except where the failure to do so would not, singly or in the aggregate, have a Material Adverse Effect; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company nor any of its subsidiaries is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which would preclude the grant of a patent in connection with any such application or would reasonably be expected to could form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 7 contracts

Samples: Sales Agreement (Sage Therapeutics, Inc.), Sales Agreement (Sage Therapeutics, Inc.), Underwriting Agreement (Sage Therapeutics, Inc.)

Patents and Patent Applications. All patents and patent applications owned by or licensed to the Company or any of its subsidiaries or under which the Company or any of its subsidiaries has rights have, to the knowledge of the Company, been duly and properly filed and maintained, except where the failure to do so would not, singly or in the aggregate, have a Material Adverse Effect; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which would preclude the grant of a patent in connection with any such application or would reasonably be expected to could form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 5 contracts

Samples: Underwriting Agreement (Bluebird Bio, Inc.), Underwriting Agreement (Bluebird Bio, Inc.), Underwriting Agreement (Bluebird Bio, Inc.)

Patents and Patent Applications. All patents and patent applications owned by or licensed to the Company or under which the Company has rights have, to the knowledge of the Company, been duly and properly filed and maintained, except where the failure to do so would not, singly or maintained in the aggregate, have a Material Adverse Effectall material respects; to the knowledge of the Company, the parties prosecuting such patent applications have complied with their duty of candor and disclosure to the USPTO U.S. Patent and Trademark Office (the “USPTO”) in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which would preclude the grant of a patent in connection with any such application or would reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have been issued with respect to such applications.

Appears in 4 contracts

Samples: Underwriting Agreement (ASLAN Pharmaceuticals LTD), Underwriting Agreement (ASLAN Pharmaceuticals LTD), Open Market Sale Agreement (ASLAN Pharmaceuticals LTD)

Patents and Patent Applications. All patents and patent applications owned by or licensed to the Company or under which the Company has rights have, to the knowledge of the Company, been duly and properly filed and maintained, except where the failure to do so would not, singly or maintained in the aggregate, have a Material Adverse Effectall material respects; to the knowledge of the Company, the parties prosecuting such patent applications have complied with their duty of candor and disclosure to the USPTO U.S. Patent and Trademark Office (the “USPTO”) in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which would preclude the grant of a patent in connection with any such application or would reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 1 contract

Samples: Underwriting Agreement (ASLAN Pharmaceuticals LTD)

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Patents and Patent Applications. All patents and patent applications owned by or licensed to the Company or under which the Company has rights have, to the knowledge of the Company, been duly and properly filed and maintained, except where the failure to do so would not, singly or in the aggregate, have a Material Adverse Effect; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO U.S. Patent and Trademark Office (the “USPTO”) in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which would preclude the grant of a patent in connection with any such application or would reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 1 contract

Samples: Underwriting Agreement (Bellerophon Therapeutics LLC)

Patents and Patent Applications. All patents and patent applications owned by or licensed to the Company or under which the Company has rights have, to the knowledge of the Company, been duly and properly filed and maintained, except where the failure to do so would not, singly or in the aggregate, have a Material Adverse Effect; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO in the case of an issued patent, or that were not and will not be disclosed in the case of a pending application, and which would preclude the grant of a patent in connection with any such application or would reasonably be expected to could form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 1 contract

Samples: Underwriting Agreement (Mevion Medical Systems, Inc.)

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