Derived Patent definition

Derived Patent means any Patent Right owned or controlled by any member of the Buyer Rights Group that (a) claims priority to or shares common priority with any Transferred Patent or (b) relates to any Transferred Know-How and is filed with the applicable Governmental Entity within [**] after the Closing Date. For the avoidance of doubt, Buyer shall not file any Patent Rights in any manner designed to circumvent or otherwise avoid having such Patent Rights constitute a Derived Patent under this Agreement.
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Derived Patent means any Patent filed by Licensee or its Affiliate or Sublicensee after the Effective Date that claims (a) any Licensed Know-How or Other Data as a composition, method of use, or method of manufacture, or (b) any Licensed Compound not already claimed in a Licensed Patent.
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Derived Patent means a Patent filed by a Party or its Affiliate or Sublicensee which (i) claims Licensed Know-How listed in part 1 of Schedule 1.51 (Licensed Know-How) as of the Execution Date or as updated from time to time which Licensed Know-How Sanofi has accepted in accordance with Section 1.51, and (ii) which Patent is filed prior to December 23, 2026.
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Examples of Derived Patent in a sentence

  • In the event you assign a Derived Patent, you shall require as a condition of any such assignment that the assignee agree to be bound by the provisions in this Section 1(c) with respect to such Derived Patent.

  • Licensee shall have the sole right to prepare, file, prosecute, maintain, enforce and defend (including with respect to related interference, re-issuance, re-examination and opposition proceedings) any Derived Patent in the Territory, at its sole cost and expense.

  • In the event you assign a Derived Patent, you shall require as a condition of any such assignment that the assignee agree to be bound by the provisions in this Section 1(d) with respect to such Derived Patent.

  • One royalty only shall be payable under Section 7.5.1 by Sanofi to Translate Bio for any unit of Product, even if such Product is Covered by more than one Patent within the Licensed Technology, Translate Bio Collaboration Technology, Licensed Improvements or Derived Patent.

  • Licensee shall notify Sanofi each Calendar Quarter of its intention to file any such Derived Patent in the next [***] and of any Derived Patents filed since the date of the prior such notice.

  • To the extent necessary, Sanofi shall cooperate with Licensee to file Derived Patents, including by providing evidence of assignment of rights from Sanofi’s inventor employees, provided that Licensee requests such evidence in writing at least [***] prior to the planned filling date of such Derived Patent.

  • Licensee shall inform Sanofi in writing at least [***] days prior to the planned filing date of each Derived Patent.

  • If during the Royalty Term a Licensed Product is sold in any country and such Licensed Product is not covered by a Valid Claim of a Licensed Product Patent or Derived Patent in such country, then the royalty rate on such Licensed Product in such country, shall be reduced by [***] of the rate specified in the table in Section 6.3.1 (Royalty Rates).

  • If Company transfers a Derived Patent, Company shall require as a condition of any such transfer that the transferee agree to be bound by the provisions in this Section 1(b) with respect to such Derived Patent.

  • Licensee shall have the sole right to prepare, file, prosecute, maintain, enforce and defend (including with respect to related interference, re-issuance, re-examination and opposition proceedings) any Derived Patent in the Territory, at its sole cost and expense using reasonable care and skill.


More Definitions of Derived Patent

Derived Patent means any and all Patents that claim Technology that is invented by an employee or agent of Virobay or its Licensee, in each case during the period commencing on the Effective Date and ending on the first anniversary of the Effective Date and that is (a) related to any small molecule the primary mechanism of action of which is the inhibition of cathepsin S (including, without limitation, all analogs, derivatives, isomers, positional isomers, radioisomers, anhydrides, prodrugs, metabolites and ester forms) and (b) invented through use of the Celera Intellectual Property.
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Derived Patent means (a) any Patent filed by Licensee or its Affiliate or Sublicensee after the Effective Date that claims any Licensed Know-How or any Transferred Materials, or (b) any Patent that is a re-filing by Licensee of any withdrawn Licensed Patent.
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Derived Patent means any Patent filed by Licensee or its Affiliate or Sublicensee [***] the
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Derived Patent means any patent to which Company has rights that claims an invention derived from Company's access to the Licensed Materials. Further, if Company asserts any claims against Inforce or its licensors over patents that Company believes may apply to the Licensed Materials (including a cross-claim or counterclaim in a lawsuit), Company's license to the Licensed Materials will terminate automatically.
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Derived Patent means any Patent filed by or on behalf of Vir, its Affiliates, or its or their Sublicensees after the Effective Date but before the First Commercial Sale of the first Licensed Product or Vir Program Product, the claims of which are supported by any Licensed Know-How, excluding (i) Patents directed to any compound or uses thereof arising from the Exploitation by or on behalf of Sanofi, its Affiliates, or licensees of the Amunix Platform other than a Licensed Compound and (ii) with respect to Licensed Know-How created after the Acquisition Date, Patents directed to the production, manufacture, processing, formulating (excluding pharmaceutical formulations for in vivo administration), filling, finishing, packaging, labeling, shipping, holding, manufacture process development, stability testing, quality assurance, or quality control of a compound or product or any intermediate thereof.
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Derived Patent means any Patent filed by Licensee or its Affiliate or Sublicensee [***] the claims of which are [***] Licensed Know-How.
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Related to Derived Patent

  • 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 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 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.

  • 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).

  • 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.

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

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

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

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

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

  • 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.

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

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

  • 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.

  • Joint Patents means all Patents claiming any Joint Invention.

  • 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.

  • 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.

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

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

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, and Non-Patent Rights Controlled by Licensor or its Affiliates embodied in Licensor Know-How or Licensor Materials.

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

  • 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.

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • 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).

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