Curis Patents definition

Curis Patents means, to the extent useful for the purposes of the Collaboration and Controlled by Curis as of the Effective Date or during the Term, all foreign and domestic: (a) patents existing as of the Effective Date or issued during the Term; (b) patents issuing from patent applications that are pending as of the Effective Date or during the Term (including provisionals, divisionals, continuations and continuations-in-part of such applications); and (c) substitutions, extensions, reissues, renewals and inventors certificates relating to the foregoing patents, in each case, which pertain to any of the Compounds or Products. The Curis Patents as of the Effective Date are listed on Schedule 1.24 hereto.
Curis Patents means Patents Controlled by Curis as of the Effective Date or during the Term that, in the absence of a license thereunder, would be infringed by the manufacture, use, sale, offer for sale or import of Compounds and/or Products in the Field in the GBMT Territory; but excluding the Curis Non-Assert Patents. The Curis Patents as of the Effective Date are set forth in Exhibit D hereto. For the avoidance of doubt, Curis Patents exclude claims of Patents Controlled by Curis to the extent such claims are directed to any pharmacologically or therapeutically active ingredient other than a Compound.
Curis Patents means those (i) patents and patent applications (including provisional applications and applications for certificates of invention) listed in Exhibit A attached hereto and made a part hereof; (ii) any patents issuing from such patent applications (including certificates of invention); (iii) all patents and patent applications based on, corresponding to, or claiming the priority date(s) of any of the foregoing; (iv) any reissues, substitutions, confirmations, registrations, validations, re-examinations, additions, continuations, continued prosecution applications, continuations-in-part, or divisions of or to any of the foregoing; and (v) term extensions, supplementary protection certificates and other governmental action which provide exclusive rights beyond the original patent expiration date, which are owned or controlled by Curis as of the Effective Date or during the Term.

Examples of Curis Patents in a sentence

  • As promptly as practicable following the Effective Date, the Parties shall mutually agree upon an independent law firm to file, prosecute, maintain, enforce and defend the Curis Patents that are subject to this Section 10.2(b).

  • In addition, Curis shall not, during the Term, pledge, assign or grant any security interest in any of the Curis Patents to any Third Party.

  • The term of this Agreement (the “Term”) shall commence on the Effective Date and, unless this Agreement is earlier terminated in accordance with this Article 9, shall expire upon the later of (a) expiration of the last-to-expire Valid Claim of the Curis Patents and Curis Non-Assert Patents and (b) such time as none of GBMT, its Affiliates and Sublicensees is commercializing any Compound or Product in the GBMT Territory.

  • Curis shall consult with, and consider in good faith the requests and suggestions of, GBMT with respect to strategies for filing and prosecuting Curis Patents in the GBMT Territory.

  • Curis shall have the first right, and the obligation, to prepare, file, prosecute and maintain the Curis Patents in China, and shall have the first right, but not the obligation, to prepare, file, prosecute and maintain the Curis Patents in the other countries of the GBMT Territory; in each case, using counsel of its own choice.

  • GBMT shall reimburse Curis for patent fees and costs incurred by Curis on or after the Effective Date in connection with the preparation, filing, prosecution and maintenance of Curis Patents in the GBMT Territory within 30 days of receipt of invoice from Curis.

  • Curis shall have the sole right, but not the obligation, to prepare, file, prosecute and maintain the Curis Patents in the Curis Territory, at its sole expense and using counsel of its own choice.

  • Curis shall keep GBMT reasonably informed of progress with regard to the preparation, filing, prosecution and maintenance of Curis Patents in the GBMT Territory.

  • Debiopharm shall provide reasonable cooperation and assistance to Curis as necessary for Curis to assume full responsibility for and control over the prosecution and maintenance of Curis Patents, such cooperation and assistance to include execution of any documents that may need to be submitted to any patent office for Curis to prosecute and maintain the Curis Patents throughout the world.

  • All prosecution and maintenance costs incurred in connection with the Curis Patents shall be shared equally by the parties, provided however (i) if Curis grants a license to a third party under the Curis Patents for use in fields other than the Field, Amylin shall pay its pro rata portion (i.e., based upon the number of parties who have rights under such Curis Patents) of all prosecution and maintenance costs incurred.


More Definitions of Curis Patents

Curis Patents means any and all of the patents and patent applications Controlled by Curis or its Affiliates (which, for purposes of this definition, shall be limited to Affiliates that are controlled by Curis within the meaning of the definition of Affiliate) on the Effective Date and during the Term, that claim the manufacture, use, sale, offer for sale or import of the Compound or the Product as specified in Exhibit 2, together with any and all patents issued on any such applications as well as any divisional, continuation, continuation-in-part to the extent that claims are directed toward the subject matter specifically described in patent applications listed in Exhibit 2, substitution applications, re-issue, re-examination, renewal and extended patents (including supplementary protection certificates (SPC)) of any of the foregoing. Curis Patents shall exclude the Joint Patents.

Related to Curis Patents

  • 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.

  • Patent Rights means all patents and patent applications, including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, extensions, registrations, and supplemental protection certificates and the like of any of the foregoing.

  • 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).

  • 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.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

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

  • 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 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.

  • 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.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

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

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

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

  • Joint Patents means all Patents claiming any Joint Invention.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

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

  • Patents means all patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same.

  • Valid Patent Claim means a claim of the Licensed Patents that has not lapsed or become abandoned or been declared invalid or unenforceable by a court or agency of competent jurisdiction from which no appeal can be or is taken.

  • Patent Applications means all published and unpublished nonprovisional and provisional patent applications, reexamination proceedings, invention disclosures and records of invention, applications for certificates of invention and priority rights, in any country and regardless of formal name, including without limitation, substitutions, continuations, continuations-in-part, divisions, renewals, revivals, reissues, re-examinations and extensions thereof.

  • Assigned Patents means all Patents issued to, or for which applications are pending in the name of, Holdings or any of its Subsidiaries and (a) assigned to IP Hold-Co in accordance with the Patent Assignment Agreement, including without limitation any Patents described on Schedule 5.17(a) or that are thereafter acquired by, or filed in the name of, Holdings or any of its Subsidiaries, including Patents that are the subject of Section 6.18.

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

  • 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.

  • Transferred Patents means those Patents identified on Schedule 1.01(g).

  • Licensed IP means the Licensed Patents and the Licensed Know-How.