BIND Background Patents definition

BIND Background Patents means Patents that (a) are Controlled by BIND or any of its Affiliates as of the Effective Date or at any time during the Term (other than through the grant of a license from Pfizer) and (b) claim or disclose any BIND Background Know-How, but excluding BIND Sponsored Design/Preclinical Collaboration Technology or Joint IP. As of the Effective Date, BIND Background Patents include the existing Patents set forth on Exhibit 1.6.
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BIND Background Patents means those Patents Controlled by BIND as of the Effective Date which are described in Exhibit 1.9 and which are necessary (a) to research and Develop Product Candidates during the Product Development and Manufacturing Program Term, or (b) to Develop, Manufacture or Commercialize Product Candidates or Products in the Field during the Term, but excluding BIND Program IP. For avoidance of doubt, Patents that are in-licensed by BIND from Third Parties as of the Effective Date as set forth on Exhibit 1.8 are hereby deemed not to be Controlled by BIND for purposes of this Agreement and therefore are not included within the licenses granted to AstraZeneca hereunder.
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BIND Background Patents means Patents Controlled by BIND or any of its Affiliates during the Design/Preclinical Collaboration Term that (i) are necessary [***] for research related to Product Candidates, or (ii) are necessary or reasonably useful to Develop, Manufacture or Commercialize Licensed Candidates or Licensed Products in the Field during the Term, but excluding BIND Program IP.
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Examples of BIND Background Patents in a sentence

  • AstraZeneca will pay to BIND AstraZeneca’s share of the costs and expenses of Prosecution and Maintenance of the BIND Background Patents as set forth in Section 10.1(b).

  • Bind is not aware of any prior art or failure to disclose prior art that would reasonably be anticipated to result in any of the BIND Background Patents being held invalid or unenforceable.

  • AstraZeneca will not seek to list any Patents within the BIND Program IP or any BIND Background Patents, without the prior written consent of BIND.

  • With respect to any Patent listings required for Products anywhere in the Territory, the Parties will agree on which (if any) BIND Program IP or any BIND Background Patents to list, only if necessary to comply with the relevant applicable laws.

  • With respect to any Patent listings required for any regulatory exclusivity periods for Licensed Products anywhere in the Territory, the Parties will agree on which (if any) BIND Program IP or any BIND Background Patents to list.

  • Amgen will not seek to restore or extend any Patents within the BIND Program IP or any BIND Background Patents, except that, after consultation with BIND, Amgen will have the right to decide whether or not to take such action with respect to any Product Specific Patent.

  • BIND will have the sole right to Prosecute and Maintain the BIND Background Patents (including without limitation, any such Patents Controlled by BIND pursuant to the MIT License), and Pfizer will have no rights with respect thereto.

  • Other than as provided under Section 9.2(b) and Sections 11.2(a) and 11.2(b), BIND will have the sole right to enforce and defend (i) the Patents within the BIND Program IP and (ii) the BIND Background Patents, and AstraZeneca will have no rights with respect thereto.

  • AstraZeneca will not seek to restore or extend any Patents within the BIND Program IP or any BIND Background Patents.

  • If any election for patent term restoration or extension, supplemental protection certificate or any of their equivalents may be made with respect to any BIND Program IP or any BIND Background Patents based on any Product, after consultation with AstraZeneca, BIND will have the sole right to decide whether or not to take such action.