Essential Patent definition

Essential Patent means a patent to the limited extent that infringement of such patent cannot be avoided in remaining compliant with the technology standards implicated by the usage of any of the Licensed Software, including optional implementation of the standards, on technical but not commercial grounds, taking into account normal technical practice and the state of the art generally available at the time of standardization.

Essential Patent is defined in the WPC IPR Policy and such definition is incorporated herein.

Essential Patent as used herein, means any patent owned by Licensee, the claims of which read on a Licensed Product and the utilization of which is essential to either the successful manufacture of said Licensed Product or the successful therapeutic use of said Licensed Product.

Examples of Essential Patent in a sentence

• Licensing Company and Licensee further acknowledge and agree that any changes to the Essential Licensor Patent List, as well as a determination that a Patent is a Former Essential Patent, shall not give rise to any adjustment of the Standard Rate or the royalties payable pursuant to this License Agreement and Licensee shall not be entitled to any refund by virtue of such changes.

• If the IEEE receives notice that a [Proposed] IEEE Standard may require the use of a potential Essential Patent Claim, the IEEE shall request licensing assurance, on the IEEE Standards Board approved Letter of Assurance form, from the patent holder or patent applicant.

• IEEE standards may be drafted in terms that include the use of Essential Patent Claims.

• The Submitter of the Letter of Assurance may, after Reasonable and Good Faith Inquiry, indicate it is not aware of any Patent Claims that the Submitter may own, control, or have the ability to license that might be or become Essential Patent Claims.

• An asserted potential Essential Patent Claim for which an assurance cannot be obtained (e.g., a Letter of Assurance is not provided or the Letter of Assurance indicates that assurance is not being provided) shall be referred to the Patent Committee.

More Definitions of Essential Patent

Essential Patent means any Philips Patent that is either technically essential in the sense that it is necessarily be infringed by implementation of one or more standards or commercially essential in the sense that there is no commercially viable alternative to the application of the technology covered by the patent claim concerned in Licensed Products.

Essential Patent means an issued patent having a claim: (i) that is essential and mandatory to a normative section of a final specification promulgated by an SSO; and (ii) to the extent the patent claim is practiced in a context where it is subject to a commitment under the intellectual property or patent rights policy of an SSO to make a license available on FRAND terms.

Essential Patent means a Patent containing one or more Essential Patent Claims.

Essential Patent means a valid, enforceable claim of a patent validly issued under the laws of a jurisdiction anywhere in the world that: (i) is necessarily infringed by the implementation of an officially adopted technical specification of a Standards Organization and; (ii) is generally recognized in the applicable industry as an “essential patent”. For purposes of the foregoing, a claim is necessarily infringed only where there is no technically practicable non-infringing alternative to make, use or sell a machine or apparatus, or use a process, implementing such adopted technical specification;

Essential Patent means as applied to a patent or patent application owned by LICENSEE and/or its AFFILIATED UNDERTAKINGS that it is not possible on technical (but not commercial) grounds, taking into account normal technical practice and the state of the art generally available to make, sell, lease, or otherwise dispose of, repair, use or operate LICENSED PRODUCTS which comply with a standard or widely accepted specifications without infringing that patent or patent application. For the avoidance of doubt in exceptional cases where a standard or widely accepted specification can only be implemented by technical solutions, all of which are infringements of patents or patent applications, all such patents or patent applications shall be considered ESSENTIAL PATENTS.

Essential Patent means any Philips Patent that is technically necessary to practice a technical standard adopted by a standard setting organization and for which Philips has made a written commitment to offer licenses on fair reasonable and non-discriminatory terms in respect of said standard to the relevant standard setting organization, and includes, without limitation, Patents covering mobile communication standards (such as GSM, UMTS/LTE) and audio and video standards (such as AAC, MPEG-2 video, MPEG-4 video, XXX, XXX, XXXX, XX-0, XX0, XX0, XX0, MP3, MPEG

Essential Patent means a valid, enforceable claim of a patent validly issued under the laws of a jurisdiction anywhere in the world that: (i) is necessarily infringed by the implementation of an officially adopted technical specification of a Standards Organization and; (ii) is generally recognized in the applicable industry as an “essential patent”. For purposes of the foregoing, a claim is necessarily infringed only where there is no technically practicable non-infringing alternative to make, use or sell a machine or apparatus, or use a process, implementing such adopted technical specification; [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions.