ABX Patent Rights means, collectively, (a) all patents and patent applications listed on Exhibit A and any foreign counterparts claiming priority thereof; (b) all patent applications heretofore or hereafter filed in any country which claim (and only to the extent they claim) ABX Technology and Information or the use thereof; (c) all patents that have issued or in the future issue from any of the foregoing patent applications, including without limitation utility models, design patents and certificates of invention; and (d) all divisionals, continuations, continuations-in-part, reissues, renewals, supplemental protection certificates, extensions or additions to any such patents and patent applications.
ABX Patent Rights shall include, without limitation, the patents and patent applications listed on Attachment A attached hereto and incorporated herein. ABX shall notify Genentech promptly in writing of any changes to Attachment A during the term of this Agreement (e.g., issuance of new patents, filing of new patent applications, abandonment of existing filings, etc.), so that the parties may update Attachment A by amendment of this Agreement.
ABX Patent Rights. Affiliate," "Antibody," "Derived" or "derived," "Excluded Technology," "Field," "Genetic Material," "GenPharm Cross License," "IND," "Independent Discovery," "JTI," "Licensed Technology," "MTA," "Product," "Product Antigen," "[*]," "Product License," "Sublicense," "Sublicensee," "Territory," "XenoMouse," "XenoMouse Animals," and "Xenotech Agreement" shall have the meaning ascribed thereto in the [*] Product License.
Examples of ABX Patent Rights in a sentence
In the event there are any Research Program Patent Rights or ABX Patent Rights with such claims and other claims, ABX shall file such divisional or other applications, to the extent legally permitted, as may be necessary to separate such claims into a separate application, which CuraGen shall then have the right to control as aforesaid.
As between GNE, its Sublicensees and ABX, ABX shall have the exclusive right at its expense, and in its discretion, to bring an enforcement proceeding, or defend any declaratory judgment action, involving any ABX Patent Rights.
ABX will use reasonable efforts to file Antibody composition of matter claims (i) with respect to any ABX Patent Rights arising before the Revision Date, within 6 months of the Revision Date and (ii) with respect to any ABX Patent Rights arising after the Revision Date, within 6 months of characterization of Antibody supernatants resulting from immunizations with Research Antigens.
GNE shall not admit the invalidity or unenforceability of any ABX Patent Rights without ABX's prior written consent.
If ABX unreasonably fails to file such claims in such time period, CuraGen may, by written notice to ABX, assume control of the preparation, filing, prosecution and maintenance of the ABX Patent Rights, to the extent and only to the extent, that such ABX Patent Rights claim such Antibodies as a composition of matter, and ABX shall reimburse CuraGen on demand for all expenses of the preparation, filing, prosecution and maintenance of such ABX Patent Rights.
More Definitions of ABX Patent Rights
ABX Patent Rights are defined in Section 1.19.
ABX Patent Rights means any and all patent applications and patents (including inventor's certificates and utility models) throughout the Territory, including any substitutions, extensions, reissues, reexaminations, renewals, divisions, continuations, and continuations-in-part of any of the foregoing, that are owned or controlled by ABX (solely or jointly, including under any ABX In-License) as of the Effective Date or hereafter during the term of this Agreement, and as to which ABX has the right to transfer or grant licenses or sublicenses (including as permitted under any ABX In-License), to the extent that any of the foregoing relates to (a) any XenoMouse Animals and/or any uses thereof, (b) the Product Antigen, or (c) any Antibody or Product. "ABX Patent Rights" shall include, without limitation, the patents and patent applications listed on Attachment A attached hereto and incorporated herein. ABX shall notify Genentech promptly in writing of any changes to Attachment A during the term of this Agreement (e.g., issuance of new patents, filing of new patent applications, abandonment of existing filings, etc.), so that the parties may update Attachment A by amendment of this Agreement.
ABX Patent Rights means (i) the patents and patent applications listed on Attachment A hereto and any foreign counterparts thereto; (ii) the patent applications which claim Joint Intellectual Property as defined in Section 4.4 of the Research License and Option Agreement; (iii) all patents that have issued or in the future issue from any of the foregoing patent applications, including without limitation utility, model and design patents and certificates of invention; and (iv) all divisionals, continuations, continuations-in-part, reissues, renewals, extensions or additions to any such patents and patent applications.
ABX Patent Rights means, collectively, (a) all patent applications (other than Research Program Patent Rights) owned or controlled by ABX heretofore or hereafter filed in any country which claim, and only to the extent they claim, the ABX Technology described in clauses (a) and (b) of Section 1.4 below or clause (d) of Section 1.4 below to the extent it relates to clauses (a) and (b) of Section 1.4 below; (b) all patents (other than Research Program Patent Rights) that have issued or in the future issue from any of the foregoing patent applications, including, without limitation, utility models, design patents and certificates of invention; and (c) all divisionals, continuations, continuations-in-part, reissues, renewals, extensions or additions to any such patents and patent applications. The ABX Patent Rights shall include, without limitation, those patents and patent applications listed on the attached Exhibit C. [*] CONFIDENTIAL TREATMENT REQUESTED CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION
ABX Patent Rights means (a) the U.S. patents and patent applications listed on Schedule 3 to this Exhibit A, as applicable, and patents issuing on such patent applications; (b) continuations, divisionals, reexaminations, reissues or extensions of any of the patent applications and patents set forth in (a); (c) any foreign counterparts of the applications [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. and patents in (a) and (b); in each case to the extent Controlled by ABX (including under the ABX In-Licenses). ABX shall provide prompt written notice to JTI of any relevant changes in the status of patent applications and patents listed on Schedule 3, and the Parties shall promptly thereafter update Schedule 3 to reflect such changes.
ABX Patent Rights means, collectively, (a) all patents and patent applications listed on Exhibit B and any foreign counterparts claiming priority thereof; (b) all patent applications heretofore or hereafter filed in any country which claim (and only to the extent they claim) the ABX Materials and Information described in clauses (a) and (b) of Section 1.3 above or the use thereof; (c) all patents that have issued or in the future issue from any of the foregoing patent applications, including without limitation utility, model and design patents and certificates of invention; and (d) all divisionals, continuations, continuations-in-part, reissues, renewals, extensions or additions to any such patents and patent applications; PROVIDED, HOWEVER, that ABX Patent Rights shall exclude Research Program Patent Rights.
ABX Patent Rights means (a) any and all patent applications and patents (including inventor's certificates and utility models) throughout the Territory and (b) all -------------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.