ESI Patent Rights definition

ESI Patent Rights means (a) all of the patents and patent applications identified in Schedule D, (b) all patent applications filed either from such patents, patent applications or provisional applications or from an application claiming priority from either of these, including divisionals, continuations, continuations-in-part, provisionals, and continued prosecution applications in any jurisdiction, (c) any and all patents that have issued or in the future issue from the foregoing patent applications ((a) and (b)), including utility models, petty patents and design patents and certificates of invention, (d) any and all extensions or restorations by existing or future extension or restoration mechanisms, including revalidations, reissues, re- examinations and extensions (including any supplementary protection certificates and the like) of the foregoing patents or patent applications ((a),
ESI Patent Rights has the meaning ascribed to such term in the Cross License Agreement.
ESI Patent Rights means (a) all of the patents and patent applications identified in Schedule D, (b) all patent applications filed either from such patents, patent applications or provisional applications or from an application claiming priority from either of these, including divisionals, continuations, continuations-in-part, provisionals, and continued prosecution applications in any jurisdiction, (c) any and all patents that have issued or in the future issue from the foregoing patent applications ((a) and (b)), including utility models, xxxxx patents and design patents and certificates of invention, (d) any and all extensions or restorations by existing or future extension or restoration mechanisms, including revalidations, reissues, re-examinations and extensions (including any supplementary protection certificates and the like) of the foregoing patents or patent applications ((a), (b) and (c)), and (e) any similar rights, including so-called pipeline protection, or any importation, revalidation, confirmation or introduction patent or registration patent or patent of additions to any such foregoing patent applications and patents. The ESI Patent Rights shall not include orphan drug rights or any other form of data or regulatory exclusivity.

Examples of ESI Patent Rights in a sentence

  • Subject to the limitations set forth in this Agreement, ESI hereby grants to Asterias, and Asterias hereby accepts, a fully-paid, perpetual (subject to Article 7), non-royalty-bearing, world-wide, non-exclusive, sub-licensable (to the extent permitted in Section 2.4(c)) license in, to, and, under the ESI Patent Rights for all purposes in the Asterias Licensed Field during the Term.

  • Any recovery or settlement received in connection with any suit with regard to ESI Patent Rights will be awarded to ESI and may be shared in accordance with any future agreement entered into by the Parties.

  • ESI shall be responsible for all costs associated with filing, prosecuting, and maintaining such ESI Patent Rights.

  • AgeX shall not, however, be relieved from paying ESI any royalties, fees, expenses, or other liabilities that accrued prior to the date of such decision or that are based on any of the ESI Patent Rights not the subject of such decision.

  • Notwithstanding anything stated in this Agreement, nothing in this Agreement shall be construed as in any way limiting ESI from practicing or using the ESI Know-How, ESI Patent Rights, and the ESI Cell Lines or from granting licenses to BioTime, Affiliates, and Third Parties to do so.

  • The Parties agree to notify each other in writing of any actual or threatened infringement by a Third Party of the ESI Patent Rights or of any claim of invalidity, unenforceability or non-infringement of the ESI Patent Rights, or of any inter partes review, interference or other proceeding affecting the ESI Patent Rights.

  • ESI has no knowledge that the ESI Patent Rights could not be practiced without infringing the rights of any Third Party.

  • To the knowledge of ESI, all ESI Patent Rights are valid, in good standing, subsisting and enforceable.

  • No rights to Sublicense patents are granted in the ESI Patent Rights.

  • If ESI Patent Rights are necessary or useful to the granting of a Sublicense hereunder, the Third Party must obtain a license from ESI.


More Definitions of ESI Patent Rights

ESI Patent Rights means the patents and patent applications identified on Exhibit A attached to this Agreement, and any divisional, continuation or continuation-in-part of those applications, but only to the extent the claims in said applications are directed to subject matter specifically described in the patents and patent applications identified on Exhibit A, as well as any patents issued on these patent applications, and any reissues, reexaminations, extensions and substitutions (or the equivalent) thereof and any foreign counterparts to those patents and patent applications. The Parties agree that Exhibit A may be revised from time to time after the Effective Date to reflect changes thereto.

Related to ESI 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).

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

  • 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.

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

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

  • 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.

  • 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.

  • 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;

  • 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.

  • 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.

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

  • 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.

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

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

  • 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.

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

  • 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.

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

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

  • 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.

  • 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.

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

  • 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.

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