Freedom to Operate definition

Freedom to Operate means such valid patents that, but for a license, would be infringed by the development, manufacture, use or sale of a Product for the Indication. With respect to patents or patent applications that are published by the applicable patent office anywhere in the world more than two (2) years after the Effective Date that are required to secure Freedom to Operate in the Sublicense Territory, then (a) if a license to such patent is limited to the Sublicense Territory, then Sublicensor and Sublicensee shall each be responsible for ***** of such license fees and royalty obligations; and (b) if a license to such patent includes countries outside the Sublicense Territory, then Sublicensor shall be responsible for ***** of such license fees and royalty obligations and Sublicensee shall be responsible for ***** of such license fees and royalty obligations. Notwithstanding the foregoing, Sublicensor’s obligation to pay Third Party royalties, including, without limitation, royalties owed to Panion, shall not exceed the sales milestone payments and royalties to which Sublicensor is entitled under Sections 4.3 and 5.1 of this Agreement.
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Freedom to Operate means that the holder of the intellectual property right grants licences to others within the project:
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Freedom to Operate means that a “firm can employ the patented technology without having to be concerned about being sued for infringement.” Jonathan S. Masur & Lisa Larrimore Ouellette, Patent Law: Cases, Problems, and Materials 530 (3d ed. 2023).
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Examples of Freedom to Operate in a sentence

  • Please provide details to support any claims of Freedom to Operate (e.g. freedom to operate analysis, patent searches, details of ownership of the background IP by the Research Organisation).

  • The Participants of a Project shall be granted a non-exclusive royalty-free Access Rights to the Results of the other Participants if needed to perform their part of the work under the Project.The Participants of a Project shall be granted Access Rights to the Background of the other Participants if needed to perform their part of the work in the Project but subject always to any Restrictions on the Freedom to Operate.

  • Please indicate what Freedom to Operate you deem necessary to operate effectively in the market space, and what agreements you have made at the time of the application.

  • In general it is the value of the ratio of detector gain to the electronic noise which should be considered as a parameter defining the limit of spatial resolution of the detector.

  • The Group has conducted Freedom to Operate assessments to determine whether its antibody development platform based on conventional Camelidae antibodies as disclosed in its patent families could be held to infringe any third party patent rights.

  • Detail processes which key stakeholders within the grain supply chain (i.e. from planting seed to end users) need to consider implementing in advance of an approval from the Office of the Gene Technology Regulator (OGTR) [or Freedom to Operate] for commercial release and cultivation of a GM event in grain crops of interest in Australia.

  • The Group’s policy is to conduct Freedom to Operate assessments of its product development candidates.

  • The Participants of a Project shall be granted a non-exclusive royalty-free Access Rights to the Results for internal research including plant selection.If Background of a Participant is needed to use the Results for on of the above-mentioned purposes, Access Rights to this Background may be provided under fair and reasonable conditions, and subject to any Restriction on the Freedom to Operate of the owning Participant(s).

  • Sublicensor shall be responsible for payment of third party royalties owed on sales of Product in the Sublicense Territory with respect to any issued patent or patent application that has been published by the applicable patent office anywhere in the world prior to and including the date that is two (2) years after the Effective Date that are required to secure Freedom to Operate in the Sublicense Territory.

  • B.2.5 DESIGN DEVELOPMENT‌(i) Review approved schematic design outputs against the Project Brief and continue the development of design work, building on the Schematic Design approval.(ii) Review previously identified Codes, Standards, Regulations and Guidelines, and reconfirm their applicability in the developed designs.


More Definitions of Freedom to Operate

Freedom to Operate means that [ * ] is [ * ], as the case may be, [ * ]. A [ * ] and no [ * ]. By way of example, [ * ] and [ * ] or that a [ * ].
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Freedom to Operate. For a given product or service, at a given point in time, with respect to a given market or geography, no intellectual property (IP) from any third party is infringed. (Source: ipHandbook) • Gift: Something of value provided by a donor to a university done with no or few conditions on use, with no expectation of direct benefit to the donor and with little accounting to the donor by the university for use of the gift beyond stewardship. The essence of a gift is the donative intent of the donor. (Modified from UIDP Contract Accord 11) • Indemnification: Indemnity is defined by Xxxxxxx-Xxxxxxx as “a promise to pay for the cost of possible damage, loss, or injury.” An indemnity agreement, sometimes called a “hold harmless agreement” is a provision where one party agrees to indemnify, or hold harmless, the other party for damages that might arise in connection with the agreement.
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Freedom to Operate means, with respect to the Products, that such Products and their design, manufacturing, use and sale (excluding the Product Branding) do not infringe, misuse, or misappropriate the IPR of any Third Party.
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Freedom to Operate. Opinion. YM shall have received a "freedom to operate" opinion in respect of the patent applications referred to in Section 3.1(27)(a)(A) which is satisfactory in form and substance to YM in its sole discretion.
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Related to Freedom to Operate

  • Agricultural operation means an agricultural operation as defined in the Agricultural Operation Practices Act;

  • Farm operation means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

  • Best Management Practices (BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

  • Monitoring well means a water well intended for the purpose of determining groundwater quality or quantity.

  • Processes with Significant Environmental Aspects means the Equipment which, during regular operation or if not properly operated or maintained, may cause or are likely to cause an adverse effect.

  • Market Operations Center means the equipment, facilities and personnel used by or on behalf of a Market Participant to communicate and coordinate with the Office of the Interconnection in connection with transactions in the PJM Interchange Energy Market or the operation of the PJM Region.

  • Diatomaceous earth filtration means a process resulting in substantial particulate removal in which (1) a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and (2) while the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake.

  • New Jersey Stormwater Best Management Practices (BMP) Manual or “BMP Manual” means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department’s determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Section IV.F. of this ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

  • Health Care Operations shall have the meaning given to such term under the HIPAA 2 Privacy Rule in 45 CFR § 164.501.

  • Radiation therapy simulation system means a radiographic or fluoroscopic x-ray system intended for localizing the volume to be exposed during radiation therapy and confirming the position and size of the therapeutic irradiation field.

  • Commencement of Operations means the beginning of active operations by a qualifying business of the principal function for which a qualifying project was constructed.

  • Plan of operation means the plan of operation of the program

  • Acute care means a short course of intensive diagnostic and therapeutic services provided immediately following a work injury with a rapid onset of pronounced symptoms.

  • In operation means engaged in activity related to the primary design function of the source.

  • Drug therapy management means the review of a drug therapy regimen of a patient by one or more pharmacists for the purpose of evaluating and rendering advice to one or more practitioners regarding adjustment of the regimen.

  • Agricultural operations means the growing and harvesting of crops or the raising of fowl or animals for the primary purpose of making a profit, providing a livelihood, or conducting agricultural research or instruction by an educational institution. Agricultural operations do not include activities involving the processing or distribution of crops or fowl.

  • continuing professional development means the continuing professional development contemplated in section 32;

  • Behavioral therapy means interactive therapies derived from evidence-based research, including applied behavior analysis, which includes discrete trial training, pivotal response training, intensive intervention programs, and early intensive behavioral intervention.

  • co-operative means a co-operative registered in terms of section 7 of Cooperatives Act, 2005 (Act No. 14 of 2005)

  • Standard fertility preservation services means procedure based upon current evidence-based standards of care established by the American Society for Reproductive Medicine, the American Society for Clinical Oncology, or other national medical associations that follow current evidence-based standards of care.

  • Environmental Management System means an environmental management system or plan of management to address all environmental risks and to ensure compliance with all Environmental Laws and licences;

  • Respite care means care anticipated to be provided for a period of 28 days or less for the purpose of temporarily relieving a family member or other caregiver from his or her daily caregiv- ing duties.

  • Standard Methods for the Examination of Water and Wastewater means the most recent edition of Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, the American Waterworks Association and the Water Environment Federation;

  • Medically Necessary Services means those covered services that are, under the terms and conditions of the contract, determined through contractor utilization management to be:

  • Preventive Care means certain Preventive Care services.

  • Commence commercial operation means, with regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation subject to the following: