Bayer Patent Rights definition

Bayer Patent Rights means: (a) the patents and patent applications listed in Exhibit B-1 attached hereto, plus (a) all divisionals, continuations, continuations-in-part thereof or any other patent application claiming priority directly or indirectly to (i) any of the patents or patent applications identified on Exhibit B-1 or (ii) any patent or patent application from which the patents or patent applications identified on Exhibit B-1 claim direct or indirect priority, and (b) all patents issuing on any of the foregoing; and (b) all other patents and patent applications owned or otherwise Controlled by Bayer or any of its Affiliates during the time the license grant set forth in Section 2.1 is in effect that (i) claim any Improvements or their manufacture or use, or (ii) that are reasonably necessary for the manufacture, use sale, offer for sale, importation, research, development or commercialization or other exploitation of any Licensed Compounds or Licensed Products (the patents and patent applications of this clause (b), collectively “Bayer Improvement Patents”), which Bayer Improvement Patents the Parties shall list on Exhibit B-2 attached hereto during the term of this Agreement as provided for in Section 6.1, together with all registrations, reissues, re examinations, renewals, supplemental protection certificates and extensions of any of the foregoing, and all foreign counterparts thereof.

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Bayer Patent Rights means Patent Rights Controlled by Bayer or any of its Affiliates which claim or Cover: (i) the Bayer Technology or Bayer Compounds; or (ii) Bayer Collaboration IP; but shall exclude Patent Rights claiming Sole Bayer PROTAC Improvement IP, Collaboration Compound Patent Rights and Joint Patent Rights.

Bayer Patent Rights means Patent Rights that are either (i) assigned solely to Bayer, (ii) assigned jointly to Bayer and a party other than ArQule, or (iii) licensed to or otherwise controlled by Bayer, in each case to the extent that Bayer has the ability to license or sublicense such rights as required under this Agreement without payment to or the consent of a third party. "JOINT PATENT RIGHTS" means Patent Rights assigned to both ArQule and Bayer as joint owners. Joint Patent Rights will include (i) Patent Rights claiming Joint Technology and (ii) Patent Rights claiming both ArQule Technology and Bayer Technology in a single filing.

Examples of Bayer Patent Rights in a sentence

Aegerion shall be solely responsible for the preparation, prosecution (including any interferences, oppositions, reissue proceedings and reexaminations) and maintenance of the Bayer Patent Rights, and all filing, prosecution, and maintenance decisions with respect to the Bayer Patent Rights shall be made by Aegerion, provided Bayer shall retain the right to give comments to Aegerion on material aspects of those activities.
Each Party shall provide to the other Party copies of any papers relating to the filing, prosecution or maintenance of Bayer Patent Rights promptly upon receipt.
Bayer shall not take any action with respect to the prosecution or maintenance of any Bayer Patent Rights without the prior written consent of Aegerion, except as contemplated by Section 6.2(b).
With respect to all of the rights and activities of Aegerion set forth in this Section 6, Bayer hereby appoints Aegerion as its agent for such purposes with the authority to act on Bayer’s behalf with respect to the Bayer Patent Rights.
Aegerion shall not knowingly permit any of the Bayer Patent Rights to be abandoned in any country without Bayer first being given an opportunity to assume full responsibility for the continued prosecution and maintenance of same.
If elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to Bayer Patent Rights or other patent rights covering Licensed Products or their manufacture or use are available, Aegerion shall have the sole right to make any such elections.
To Bayer’s knowledge, the conception and reduction to practice of the Bayer Patent Rights have not constituted or involved the misappropriation of trade secrets or other rights or property of any Third Party.
In the event that Aegerion decides not to continue the prosecution or maintenance of a patent application or patent within Bayer Patent Rights in any country, Aegerion shall provide Bayer with notice of this decision at least thirty (30) days prior to any pending lapse or abandonment thereof.
There are no claims, judgments or settlements against or amounts with respect thereto owed by Bayer or any of its Affiliates relating to the Bayer Patent Rights.
Only one royalty shall be due hereunder on the sale of a Licensed Product even if the manufacture, use, sale, offer for sale or importation of such Licensed Product infringes more than one claim of the Bayer Patent Rights.

More Definitions of Bayer Patent Rights

Bayer Patent Rights means Bayer’s rights in those Patent Rights Controlled by Bayer during the term of this Agreement that would, but for the licenses granted by Bayer to Nuvelo under this Agreement, be directly or contributorily infringed by the manufacture, use or sale of Licensed Product.

Bayer Patent Rights means Patent Rights with respect to BAYER Technology.

Bayer Patent Rights means a Patent Right owned or otherwise controlled by Bayer or an Affiliate (singly or jointly with CuraGen) in which Bayer or an Affiliate has a licensable or sublicensable interest and which Bayer or an Affiliate can license to CuraGen, covering an invention that is part of the Bayer Know-How.