Arising Patent Rights definition

Arising Patent Rights means any Patent Rights that claim Know-How that is within the Licensed Know-How, which Know-How is described in Schedule K (which may be amended from time to time by agreement of the Parties), but which Patent Rights are, as of the Effective Date, not included within the Licensed Patent Rights. For avoidance of doubt: (i) Arising Patent Rights must claim Know-How that is within the Licensed Know-How but may also describe or claim other Know-How and (ii) Patent Rights that are included within Arising Patent Rights and also describe or claim Developed IP shall be, for all purposes under the Agreement, Arising Patent Rights and not Developed IP.
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Arising Patent Rights means any Patent Rights in any patentable invention generated under the SRA, including the [***] Patent Rights and other patent applications arising under the SRA, each as set forth in Schedule A, which is Controlled by MEE or Lonza and is disclosed and claimed in a patent application, and all continuations, divisions, and reissues based thereof, and any corresponding foreign patent applications and any patents, or other equivalent patents issuing, granted or registered thereon.
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Arising Patent Rights has the meaning set forth in Section 9.2(a)(i) (Arising Technology).
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Examples of Arising Patent Rights in a sentence

  • Licensee desires to obtain an exclusive license to the Arising Patent Rights under Section 2.1.1 of the Original Agreement and to clarify their respective rights and obligations with respect to jointly-owned Developed IP.

  • For clarity if Akouos is not obligated to pay Lonza any additional upfront consideration in exchange for a sublicense to any Future Ancestral Technology or Arising Patent Rights outside the Field of Use under the Lonza-Akouos Agreement, then Akouos will not be obligated to pay any additional up-front consideration to MEE in exchange for a license to such Future Ancestral Technology and/or Arising Patent Rights hereunder.

  • Prior to the expiration of the Evaluation Period (or such earlier time as TDTx may notify Lonza in writing of its decision to not include such Arising Patent Rights within the scope of this Agreement), MEE shall not grant any licenses under or to such Arising Patent Rights in the Field of Use to any Third Party.

  • This Agreement confers no license or rights by implication, estoppel or otherwise under any patent applications or patents owned in whole or in part by Xxxxx or MEE other than the Ancestral Technology Patent Rights and the Arising Patent Rights.

  • The Parties will use good faith efforts to agree on a mutually acceptable strategy and will coordinate with each other for the prosecution and maintenance of all Joint Arising Patent Rights.

  • Each Party shall be free to exploit its respective Arising Patent Rights without restriction, consistent with the TTA.

  • FibroGen will have the first right, responsibility, and discretion to file, prosecute (including the defense of any oppositions, interferences, reissue proceedings, re-examinations, and other post-grant proceedings originating in a patent office), and maintain all Joint Arising Patent Rights, in the Territory using counsel mutually agreed by the Parties (such agreement not to be unreasonably withheld by either Party), which may [*].

  • HGS shall keep NVS advised on a quarterly basis, through the JEC, on the status of pending patent applications, including the grant of any Albumin Fusion Patent Rights (to the extent related to Collaboration Product), Albuferon Patent Rights and HGS Arising Patent Rights.

  • Takeda will have the sole right, but not the obligation, to bring an appropriate suit or other action to xxxxx any existing, alleged, or threatened infringement involving the Joint Arising Patent Rights or Arising Patent Rights.

  • In the event that NVS intends to abandon or decline responsibility for any or all of Joint or NVS Arising Patent Rights, NVS shall provide reasonable prior written notice to HGS of such intention to abandon or decline responsibility, and HGS shall have the right, at its own expense, to file, prosecute and maintain such Joint or NVS Arising Patent Rights.


More Definitions of Arising Patent Rights

Arising Patent Rights shall have the meaning assigned to such term in Clause 6.2.
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Arising Patent Rights means Patent Rights claiming Arising IP.
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Arising Patent Rights means any Patent Rights in any patentable invention generated under the SRA, including the [***] Patent Rights and other patent applications arising under the SRA, each as set forth in Schedule A, which is Controlled by MEE or Lonza and is disclosed and claimed in a patent application, and all continuations, divisions, and reissues based thereof, and any corresponding foreign patent applications and any patents, or other equivalent patents issuing, granted or registered thereon.[***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.ˆ200F93HrnWZb8V=GWŠ21.10.7.0200F93HrnWZb8V=GWPROJECT ANCESTOR (AFDonnelley FinancialVDI-W10-LPF-376 LSWladsh0ap22-Nov-2021 23:42 EST205859 EX10_1 7 4*EXHIBITSNone BOSHTM ESS0C
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Arising Patent Rights means all Patents which issue at any time from applications filed worldwide pursuant to subsection 10.3 claiming inventions necessary or useful to the development, manufacture or use of the Processor, which are generated during the course of, arise out of or result from performance of any Work hereunder.
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Arising Patent Rights has the meaning set forth in Section 8.2.2 (Arising IP).
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Related to Arising Patent Rights

  • Licensed Patent Rights means: (a) Patent applications (including provisional patent applications and PCT patent applications) or patents listed in Appendix A, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents; (b) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): (i) continuations-in-part of 2.9(a); (ii) all divisions and continuations of these continuations-in-part; (iii) all patents issuing from these continuations-in-part, divisions, and continuations; (iv) priority patent application(s) of 2.9(a); and (v) any reissues, reexaminations, and extensions of these patents; (c) to the extent that the following contain one or more claims directed to the invention or inventions disclosed in 2.9(a): all counterpart foreign and U.S. patent applications and patents to 2.9(a) and 2.9(b), including those listed in Appendix A; and (d) Licensed Patent Rights shall not include 2.9(b) or 2.9(c) to the extent that they contain one or more claims directed to new matter which is not the subject matter disclosed in 2.9(a).

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Patent Rights means all patents and patent applications (which for the purpose of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention), including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, revalidations, extensions, registrations, pediatric exclusivity periods and supplemental protection certificates and the like of any such patents and patent applications, and any and all foreign equivalents of the foregoing.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or restoration by existing or future extension or restoration mechanisms (including, without limitation, supplementary protection certificates or the equivalent thereof), or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Licensee Patents means any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Joint Patents means all Patents claiming any Joint Invention.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Regents' Patent Rights means The Regents interest in the claims of the United States patents and patent applications, corresponding foreign patents and patent applications (requested under Paragraph 7.3 herein), and any reissues, extensions, substitutions, continuations, divisions, and continuation-in-part applications (but only those claims in the continuation-in-part applications that are entirely supported in the specification and entitled to the priority date of the parent application) based on the patent applications listed in Appendix A (UC Case Nos [ * ] and [ * ]).

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Existing Patents has the meaning set forth in Section 10.2.1.

  • Joint IP means Joint Know-How and Joint Patent Rights.

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

  • Licensed IP means the Licensed Patent Rights and the Licensed Know-How.

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Company Patents shall have the meaning set forth in Section 3.19(b) .

  • Collaboration IP means Collaboration Know-How and Collaboration Patents.

  • Patent Family means all patents and patent applications that share a common priority application, excluding continuations in part, but including any divisionals, continuations, reissues, reexaminations, extensions, foreign counterparts or equivalents. For the avoidance of doubt, if any patent or patent application is subject to a terminal disclaimer with any other patent or patent application such patent or patent application and such other patent or patent application shall be deemed one (1) Patent Family for the purposes of this Agreement.

  • Joint Invention has the meaning set forth in Section 9.1.

  • Foreground IP means IP and IP Rights conceived, developed or created by, for or with Seller either alone or with third parties, in the performance of this Contract, including modifications to any Buyer Specification suggested by Seller.

  • Licensor Technology means the Licensor Patents and the Licensor Know-How.

  • Licensed IP Rights means, collectively, the Licensed Patent Rights and the Licensed Know-How Rights.