Common use of PTO Applications Clause in Contracts

PTO Applications. The Company has duly and properly filed or caused to be filed with the United States Patent and Trademark Office (the “PTO”) and applicable foreign patent authorities all patent applications owned by the Company or which the Company is prosecuting on behalf of the owner of such patent applications (the “Company Patent Applications”). To the knowledge of the Company, the Company has complied with the PTO’s duty of candor and disclosure for the Company Patent Applications and has made no material misrepresentation in the Company Patent Applications. To the knowledge of the Company, the Company has complied with the duty of candor and disclosure for the Company Patent Applications pending in countries outside the United States. The Company is not aware of any information material to a determination of patentability regarding the Company Patent Applications not called to the attention of the PTO or similar foreign authority that requires such disclosures. The Company is not aware of any information not called to the attention of the PTO or similar foreign authority requiring disclosure of such information which the Company believes would preclude the grant of a patent for the Company Patent Applications. The Company has no knowledge of any information that would preclude the Company from having clear title to the Company Patent Applications that are purported to be owned by the Company.

Appears in 6 contracts

Samples: Purchase Agreement (Orexigen Therapeutics, Inc.), Underwriting Agreement (Orexigen Therapeutics, Inc.), Purchase Agreement (Orexigen Therapeutics, Inc.)

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