Common use of Valid Claim Clause in Contracts

Valid Claim. A claim of a pending Patent Rights patent application or of an issued and unexpired Patent Rights patent, in each case that has not lapsed or been held revoked, invalid or unenforceable by a court or other governmental agency of competent jurisdiction in a decision or order that is not subject to appeal, provided that if a pending patent application has not issued within five (5) years from receiving a first US office action or foreign equivalent, the claims of such patent application will no longer be considered Valid Claims hereunder.

Appears in 2 contracts

Samples: Collaboration Agreement (Assembly Biosciences, Inc.), Exclusive License Agreement (Assembly Biosciences, Inc.)

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Valid Claim. A claim (a) of a pending Patent Rights patent application that has not been pending for longer than seven years, or (b) of an issued and unexpired Patent Rights patent, in each case patent that has not lapsed or been held revoked, invalid or unenforceable by a court or other governmental agency of competent jurisdiction in a decision or order that is not subject to appeal, provided that if a pending patent application has not issued within five (5) years from receiving a first US office action or foreign equivalent, the claims of such patent application will no longer be considered Valid Claims hereunder.

Appears in 1 contract

Samples: Exclusive License Agreement (Cellular Dynamics International, Inc.)

Valid Claim. A claim (a) of a pending Patent Rights patent application which claim has not been pending for longer than fifteen years, or (b) of an issued and unexpired Patent Rights patent, in each case that patent which has not lapsed or been held revoked, invalid or unenforceable by a court or other governmental agency of competent jurisdiction in a decision or order that is not subject to an appeal, provided that if a pending patent application has not issued within five (5) years from receiving a first US office action or foreign equivalent, the claims of such patent application will no longer be considered Valid Claims hereunder.

Appears in 1 contract

Samples: Exclusive License Agreement (AspenBio Pharma, Inc.)

Valid Claim. A claim of a an pending Patent Rights patent application or of an issued and unexpired patent within the Patent Rights patent, in each case that has not lapsed or been held revoked, invalid or unenforceable by a court or other governmental agency of competent jurisdiction in a decision or order that jurisdiction, which holding is not subject to appeal, provided that if a pending patent application appeal and which claim has not issued within five (5) years from receiving a first US office action or foreign equivalent, the claims of such patent application will no longer be considered Valid Claims hereunderbeen disclaimed.

Appears in 1 contract

Samples: Exclusive License Agreement (Modigene Inc.)

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Valid Claim. A claim (a) of a pending Patent Rights patent application application, which claim has not been pending for longer than seven years, or (b) of an issued and unexpired Patent Rights patent, in each case that patent which has not lapsed or been held revoked, invalid or unenforceable by a court or other governmental agency of competent jurisdiction in a decision or order that is not subject to an appeal, provided that if a pending patent application has not issued within five (5) years from receiving a first US office action or foreign equivalent, the claims of such patent application will no longer be considered Valid Claims hereunder.

Appears in 1 contract

Samples: Exclusive License Agreement (MIGENIX Inc.)

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