Prior Patents Sample Clauses

The Prior Patents clause defines the parties' rights and obligations regarding patents that were owned or controlled by either party before entering into the agreement. Typically, this clause clarifies whether such pre-existing patents are included in any licenses granted under the contract or if they remain outside the scope of the agreement. For example, it may specify that only patents developed during the collaboration are covered, while earlier patents are excluded. The core function of this clause is to prevent disputes over the use and ownership of intellectual property that predates the agreement, ensuring both parties have a clear understanding of what patent rights are affected.
Prior Patents. The Employee represents to the Company that the Employee owns or has rights to no patents or copyrights, individually or jointly with others, except those described in Exhibit D attached hereto.
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Prior Patents. The Employee represents to the Company that the Employee owns no patents or copyrights, individually or jointly with others, except those described in Exhibit B attached hereto.
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Prior Patents. The parties hereto agree that neither party shall ------------- have rights in any invention made by the other before the date of this Agreement, except for those rights provided by law or under specific agreement. No party obtains any rights under this Agreement to background patents held by the other party or to related inventions or discoveries which are not conceived or made in the performance of the Development ("Background IP"). Each Party represents that, prior to the initiation of the Development, it has made a good-faith effort to identify to the other Party the existence of any Background IP possessed by the first Party that is necessary for and essential to the implementation, use or commercialization of the results of the Development, and that it shall promptly identify to the other Party the existence of any such necessary Background IP possessed by the first Party which may subsequently come to its attention. To the extent it is able to do so, each Party will negotiate with the other Party to provide the other Party with rights, under reasonable terms and conditions to be negotiated, to use Background IP where necessary to allow the practice or commercialization of rights acquired by such Party in the Development IP.
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Prior Patents. The Executive represents to the Company that the Executive owns no (i) patents, (ii) copyrights or Works, or (iii) Inventions related to the Business of the Company, individually or jointly with others.
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Prior Patents. Notwithstanding anything to the contrary in this Agreement, with respect to any SGI Patents that are subject to the SGI In-Licenses or Agensys Independent Patents, Agensys Collaboration Patents and Agensys ADC Patents that are subject to the Agensys In-Licenses, the rights and obligations of the Parties under this Article 15 shall be subject to such Party’s licensors’ rights to participate in and control prosecution, maintenance and enforcement of such Party’s Patents, and to receive a share of damages recovered in such action, in accordance with the terms and conditions of the applicable Party’s In-License. Article 16
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Prior Patents. The Executive represents to the Company that the -------------- Executive owns no patents or copyrights, individually or jointly with others, except those described in Exhibit A attached hereto.
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Prior Patents. The Contractor represents to the Company that the Contractor owns or has rights to no patents or copyrights, individually or jointly with others, except those described in Exhibit 4 attached hereto.
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Prior Patents. 5.5.1 Notwithstanding anything contained herein to the contrary, in no event shall Diversa obtain any right, title, or interest in or to any part of the Sequence Information and Annotation Information delivered under the Work Plan that is included in a patent issued to, or patent application filed by, Celera, (a) prior to Diversa's delivery to Celera of the Materials from which such Sequence Information was developed or (b) independently of this Agreement. 5.5.2 Notwithstanding anything contained herein to the contrary, in no event shall Celera obtain any right, title, or interest in or to any part of the Sequence Information and Annotation Information delivered under the Work Plan that is included in a patent issued to, or patent application filed by, Diversa, (a) prior to Celera's delivery to Diversa of such Sequence Information or (b) independently of this Agreement. 5.5.3 Nothing in this Agreement is intended or shall be interpreted as granting to Diversa or any Third Party any right or interest in any intellectual property (a) invented, discovered, developed, or otherwise created independent of this Agreement by any business unit or affiliate of PE Corporation (NY) other than the Celera Genomics business unit or (b) acquired or licensed by PE Corporation (NY) independent of this Agreement through or for the benefit of any business unit or affiliate of PE Corporation (NY) other than solely for the Celera Genomics business unit.
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Prior Patents. The Parties hereto agree that neither party shall have rights in any invention made by the other before the date of this AGREEMENT, except for those rights provided by law or under specific agreement. The Parties additionally agree that for this AGREEMENT "Excluded Subjects" shall mean any invention, technique, device, discovery or procedure, whether or not patentable and whether or not patented, conceived or first actually reduced to practice by MPHASE Technologies, Inc. prior to the date of this Agreement, and all rights and title in and to the foregoing, including the following patents/patent applications relating to the design, fabrication and implementation of nanostructured material know-how are considered prior inventions by MPHASE Technologies, Inc.: "Method And Apparatus For Variably Controlling The Movement Of A Liquid On A Nanostructured Surface", Kornblit, Kroupenkine, Mandich, Schneider, Taylor, Yang, 10/403159, 03/31/2003 "Method And Apparatus For Reducing Friction Between A Fluid And A Body", Kornblit, Kroupenkine, Mandich, Schneider, Taylor, Weiss, Yang, 10/649285, 08/27/2003 "Reversible Transitions On Dynamically Tunable Nanostructured Or Microstructured Surfaces", Hodes, Kolodner, Kroupenkine, Lyons, Mandich, ▇▇▇▇▇▇", 10/674448, 09/30/2003 "Battery Having A Nanostructured Electrode Surface", Kroupenkine, Taylor, Weiss, 10/716084, 11/18/2003
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Related to Prior Patents

  • Patent Rights The State and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract.

  • Licensed Patents Immune Design, at its expense, shall have the first right to file, prosecute and maintain all Licensed Patents for which Immune Design has any exclusive rights under this Agreement using patent counsel reasonably approved by IDRI, including conducting any interferences, reexaminations, reissues, oppositions, or request for patent term extension relating thereto. Immune Design shall conduct such filing, prosecution and maintenance in good faith, taking into consideration IDRI’s retained rights hereunder, and consistent with reasonable business judgment, provide IDRI with all relevant or material documentation and proposed filing in the Territory so that IDRI may be concurrently and promptly informed of the continuing prosecution, and consult with IDRI with regards to Immune Design’s patent strategy with the Licensed Patents for which Immune Design has any exclusive rights under this Agreement. Licensed Patents in the name of IDRI shall remain in the name of IDRI. Immune Design shall use commercially reasonable efforts to ***, as applicable. To the extent such ***, Immune Design shall provide IDRI reasonable opportunity to review and comment on such prosecution efforts regarding such Licensed Patents in the Territory, and any IDRI comments will be reasonably considered in such prosecution efforts, and included to the extent affecting the IDRI Exclusive Field or IDRI Territory, as the case may be. If Immune Design determines in its sole discretion to abandon or not maintain any Licensed Patent for which Immune Design has any exclusive rights under this Agreement in the Territory, then Immune Design shall promptly provide IDRI with written notice of such determination at least sixty (60) days before any deadline for taking action to avoid abandonment and shall provide IDRI with the right, opportunity and reasonable assistance to prepare, file, prosecute and maintain such Licensed Patent in the applicable jurisdiction in IDRI’s sole discretion and at IDRI’s expense, provided that Immune Design shall provide such reasonable assistance at its own costs and expenses. If IDRI elects to prepare, file, prosecute and maintain such Licensed Patent in such jurisdiction for which Immune Design has any exclusive rights, then Immune Design’s license rights to such Licensed Patent in such country will become nonexclusive in such country under such Licensed Patent (and/or patent application). If IDRI desires Immune Design to file, in a particular jurisdiction, a Licensed Patent for which Immune Design has any exclusive rights under this Agreement that claims priority to another Licensed Patent for which Immune Design has any exclusive rights under this Agreement, IDRI shall provide written notice to Immune Design requesting that Immune Design file such patent application in such jurisdiction. If IDRI provides such written notice to Immune Design, Immune Design shall either (i) file and prosecute such patent application and maintain any patent issuing thereon in such jurisdiction and the Parties shall share the related costs and expenses (A) in countries *** on the basis of *** percent (***%) Immune Design: *** percent (***%) IDRI or (B) in countries within the IDRI Territory equally; or (ii) notify IDRI that Immune Design does not desire to file such patent application in such jurisdiction and provide IDRI with the opportunity to file and prosecute such patent application, provided that if IDRI files and prosecutes such patent application in such jurisdiction, then Immune Design’s license rights to such License Patent in such country will become nonexclusive in such country under such Licensed GLA Patent (and/or patent application). Immune Design shall be responsible for the costs and expenses incurred in connection with its own activities for filing, prosecuting and maintaining the Licensed Patents; IDRI shall be responsible for monitoring of such activities by IDRI.

  • Licensed Patent Rights The Licensee shall indemnify and hold the IC, its employees, students, fellows, agents, and consultants harmless from and against all liability, demands, damages, expenses, and losses, including but not limited to death, personal injury, illness, or property damage in connection with or arising out of:

  • Trademarks, Patents Each of the Borrower and the Subsidiaries possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others.

  • Joint Patent Rights If not already established under the Research Collaboration Agreement, prior to either Party filing any Patent Right disclosing Joint Program Technology or Joint Probody Platform Improvements, the Parties shall establish a patent committee (the “Patent Committee”) comprised of at least one (1) representative of each Party for the purpose of facilitating the preparation, filing, prosecution, maintenance and defense of Joint Patent Rights. As agreed upon by the Parties, meetings of the Patent Committee may be face-to-face or may be conducted by teleconferences or videoconferences, from time to time as needed. The Patent Committee will be the forum through which the Parties coordinate their respective obligations to each other described in Sections 5.2.2 and 5.2.3 hereof and in this Section. In the event the Parties conceive or generate any Joint Program Technology or Joint Probody Platform Improvements, the Parties shall promptly meet to discuss and determine, based on mutual consent, whether to seek patent protection thereon, which Party will control filing, prosecution and maintenance of such patents and how to pay for the filing, prosecution and maintenance of such patents. It is presumed that ImmunoGen will control filing, prosecution and maintenance of Joint Patent Rights claiming Joint Program Technology or Joint Conjugation Probody Platform Improvements, and that CytomX will control filing, prosecution and maintenance of Joint Patent Rights claiming Joint Unconjugated Probody Platform Improvements. Neither Party will file any Joint Patent Right without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. The Party controlling filing and prosecution of any such Joint Patent Right (a) shall keep the other Party informed regarding each Patent Right, (b) shall consider in good faith any recommendations made by the other Party in regard to the filing, prosecution or maintenance of any such Patent Right and (c) shall not unreasonably refuse to incorporate any recommendations made by the other Party in regard to such filing, prosecution or maintenance.