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Evogene Patent Rights definition

Evogene Patent Rights means any and all patents and patent applications that are Controlled by Evogene and its Affiliates (other than patents and patent applications that, as of the date of a Change of Control, are (a) Controlled by any Affiliate that becomes an Affiliate as the result of such Change of Control, or (b) Controlled by any Person with which Evogene merges or combines in connection with such Change of Control) on and after the Effective Date, including Evogene’s interest in Jointly-Owned Patent Rights, in each case solely to the extent claiming (i) any Collaboration Hit Homolog or Special Collaboration Hit or PlaNet Gene Homolog, the use of such Collaboration Hit Homolog or Special Collaboration Hit or PlaNet Gene Homolog, or any modification of the expression of such particular Collaboration Hit Homolog or Special Collaboration Hit or PlaNet Gene Homolog, and/or (ii) any RePack Recommendation and/or PlaNet Xxxx Xxxxx, and including any continuations, divisionals, continuations-in-part, reissues, or foreign equivalents based on any of the foregoing patents, patent applications or claims in respect thereof, and any subsequent patents or patent applications claiming priority to the filing date of any of the foregoing patents or patent applications, and any supplementary protection certificates, any other patent term extensions and exclusivity periods and the like of any such patents and patent applications. The patent applications Controlled by Evogene on the 2013 Signing Date include those set forth on the attached Exhibit C, as the same may be amended from time to time by the parties as additional Evogene Patent Rights are identified. *** Confidential treatment has been requested for redacted portions of this exhibit. This copy omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been provided separately to the Securities and Exchange Commission.
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Evogene Patent Rights means any and all patents and patent applications that are Controlled by Evogene and/or its Affiliates (other than patents and patent applications which were not Controlled by Evogene and/or its Affiliates before the date of a Change of Control, but are (a) Controlled by any Affiliate that becomes an Affiliate of Evogene as the result of such Initials Bayer : page 8 of 89 Initials Evogene : *** Confidential treatment has been requested for redacted portions of this exhibit. This copy omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been provided separately to the Securities and Exchange Commission. Change of Control, or (b) Controlled by any Person with which Evogene merges or combines in connection with such Change of Control) on and after the Effective Date, including Evogene’s interest in Joint Patent Rights, that: (i) claim or contain a claim which covers a Collaboration Gene or subject matter comprising a Collaboration Gene, or the use of a Collaboration Gene or the use of subject matter comprising a Collaboration Gene, in each case solely to the extent the claims cover such Collaboration Gene or the use of such Collaboration Gene; or (ii) claim or contain a claim which covers a Collaboration SNP Set or subject matter containing a Collaboration SNP Set, or the use of a Collaboration SNP Set, in each case solely to the extent the claims cover such Collaboration SNP Set or the use of such Collaboration SNP Set.
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Examples of Evogene Patent Rights in a sentence

  • Evogene, at its own cost, shall have the right to participate in all decisions and actions concerning the validity of any Evogene Patent Rights, including the right to join as a party any such action for infringement brought by or against Monsanto where a defense or claim of patent invalidity or unenforceability has been or will be raised.

  • Evogene is entitled, in connection with the grant of a license to Evogene Patent Rights covering such Excluded Collaboration Hit or Excluded PlaNet Xxxx Xxxxx, to xxxxx sublicenses under the license set forth in this Section 3.2.1 to any Third Party.

  • Evogene shall not be permitted to use any Monsanto Data in any Evogene Patent Rights, or any other patent applications without Monsanto’s consent, which consent shall not be unreasonably withheld.

  • Evogene shall have the right to retain its own counsel for the purpose of defending the validity or enforceability of any Evogene Patent Rights.

  • Evogene shall Control and be solely responsible for all costs related to the preparation, filing, prosecution and maintenance of the Evogene Patent Rights.

  • Further, Evogene retains the right to prosecute and defend any action relating to the Evogene Patent Rights that does not constitute an Evogene Defense or Enforcement Matter; provided that Evogene will keep Monsanto reasonably informed of any such actions, and will consult from time to time with Monsanto regarding any such action.

  • Moreover, Monsanto’s obligation to grant, or to agree to grant, future licenses under Section 3.2.1 in respect of Monsanto Improvement Patent Rights that would otherwise be subject to the license under Section 3.2.1 shall terminate on the earliest of: (i) the termination or expiration of the Evogene Patent Rights covering such Monsanto Improvement; or (ii) a Change of Control to a Monsanto Competitor; or any other assignment or transfer of this Agreement to a Monsanto Competitor.

  • The term of this Agreement shall commence on the Effective Date and, subject to the remaining provisions of this Section 14, shall continue until the later of (i) the last to expire of the Evogene Patent Rights or Monsanto Improvement Patent Rights, or (ii) the end of the last-to-expire period during which Monsanto is obligated to pay Product Royalties pursuant to Section 6.6. The term of this Agreement shall survive the non-renewal, termination or limitation of any particular license granted hereunder.

  • For clarity, nothing in the above shall limit Evogene’s right to prepare, file, prosecute or maintain Evogene Patent Rights with respect to any such Collaboration Gene in any country that is not a Bayer Requested Country.

  • If at any time from the Effective Date to the Signing Date, Monsanto conducted any research on, or took any other action with respect to, the use of Collaboration Hit Homologs or Special Collaboration Hits for transgenic applications in Covered Vegetables, then the parties agree that such research and other action, if any, shall be deemed not to infringe the Evogene Patent Rights or Evogene Know-How, and that Monsanto shall have no liability to Evogene as a result thereof.

Related to Evogene 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).

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

  • 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 (which for the purpose of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention), including all divisionals, continuations, substitutions, continuations-in-part, re-examinations, reissues, additions, renewals, revalidations, extensions, registrations, pediatric exclusivity periods and supplemental protection certificates and the like of any such patents and patent applications, and any and all foreign equivalents of the foregoing.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • 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 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.

  • 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:

  • 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.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Regents' Patent Rights means The Regents interest in the claims of the United States patents and patent applications, corresponding foreign patents and patent applications (requested under Paragraph 7.3 herein), and any reissues, extensions, substitutions, continuations, divisions, and continuation-in-part applications (but only those claims in the continuation-in-part applications that are entirely supported in the specification and entitled to the priority date of the parent application) based on the patent applications listed in Appendix A (UC Case Nos [ * ] and [ * ]).

  • 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.

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

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

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

  • Licensed IP means the Licensed Patent Rights and the Licensed Know-How.

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

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

  • Company Patents shall have the meaning set forth in Section 3.19(b) .

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

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

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

  • Program Technology means Program Know-How and Program Patents.

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

Most Referenced Clauses

Most Referenced Definitions