GSK Patent Rights means all Patent Rights solely owned or otherwise Controlled by GSK as of the Effective Date or at any time during the Term of the Agreement which claim or cover GSK Know-How.
GSK Patent Rights means all Patent Rights Controlled by GSK or its Affiliates as at the Effective Date or thereafter during the Term that (a) are necessary for CureVac to perform the obligations and other activities pursuant to this Agreement, or (b) are used by or on behalf of GSK its Affiliates or Sublicensees to Develop, Manufacture and/or Commercialize Products under this Agreement. GSK Patent Rights shall include Patent Rights comprised in the GSK Background Technology, GSK Program Patent Rights and GSK's interest in Joint Patent Rights.
GSK Patent Rights means (a) all Patents filed or issued in or for the GSK Territory and in the GSK Field (but, subject to (b) and (c), excluding any right, title and interest in counterparts outside the GSK Territory or outside the GSK Field), including PCT applications insofar as all designations in the Territory, and including the Patents set forth on Annex 2 to this Schedule B, (b) with respect to Excluded Territory Patents, all rights of priority for the GSK Field arising from Excluded Territory Patents for use in or for the GSK Territory, including all rights to claim such priority rights to such Excluded Territory Patents in any patent application filed in or for the GSK Territory (including PCT applications), and (c) all existing or future Patents filed or issued in or for the GSK Territory and in the GSK Field (including PCT applications) that claim priority to any Excluded Territory Patent.
Examples of GSK Patent Rights in a sentence
Each Party shall promptly provide the other Party with written notice reasonably detailing any known or alleged infringement by a Third Party of any CureVac Patent Rights, GSK Patent Rights or Joint Patent Rights which competes with the Development, Manufacture or Commercialization of COVID Products in the Territory (collectively “Third Party Infringement”).
GSK shall act in good faith, with respect to the Prosecution and Maintenance of any GSK Patent Rights.
As between the Parties, GSK shall control the Prosecution and Maintenance of the GSK Patent Rights.
GSK, at GSK’s expense, shall have the sole right to control the preparation, filing, prosecution and maintenance of GSK Patent Rights using patent counsel of GSK’s choice.
GSK shall have the sole right to enforce the GSK Patent Rights with respect to any Infringement, and to defend any declaratory judgment action with respect thereto, at its own expense and by counsel of its own choice and in the name of GSK.
More Definitions of GSK Patent Rights
GSK Patent Rights means: (i) all patents and patent applications arising from work conducted by GSK in the course of conducting its activities under this Agreement during the Term of this Agreement claiming generically or specifically the manufacture, use or sale of PTH, API, or Licensed Product, including, without limitation, a process for manufacturing PTH, API, or Licensed Product, or an intermediate used in such process or a use of PTH, API, or Licensed Product; and (ii) any divisions, continuations, continuations-in-part, reissues, reexaminations, patents of additions, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in clause (i) above, and any substitutions, confirmations, registrations or revalidations of any of the foregoing, in each case which is owned or Controlled by GSK during the Term of the Agreement. For the avoidance of doubt, GSK Patent Rights shall include GSK Inventions and Dependent GSK Improvements that are solely Controlled by GSK to the extent covered by a Valid Claim, but shall not include Joint Patent Rights.
GSK Patent Rights means: (i) all patents and patent applications ----------------- arising from work conducted by GSK in the course of conducting its activities under this Agreement during the Term of this Agreement claiming generically or specifically the manufacture, use or sale of PTH, API, or Licensed Product, including, without limitation, a process for manufacturing PTH, API, or Licensed Product, or an intermediate used in such process or a use of PTH, API, or Licensed Product; and (ii) any divisions, continuations, continuations-in-part, reissues, reexaminations, patents of additions, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in clause (i) above, and any substitutions, confirmations, registrations or revalidations of any of the foregoing, in each case which is owned or Controlled, in whole or part, by license, assignment or otherwise by GSK during the Term of the Agreement, to the extent GSK has the right to license or sublicense such GSK Patent Rights, and also to the extent to which they do not pertain to any active component of Licensed Product other than PTH or API, and subject to any limitations of any such license or sublicense. For the avoidance of doubt, GSK Patent Rights shall include GSK Inventions (as defined in Section 6.1.1) and Dependent GSK Improvements (as defined in Section 6.2.1), but shall not include Joint Patent Rights.
GSK Patent Rights means those Patent Rights licensed to Fulcrum under the GSK License Agreement.
GSK Patent Rights means any and all patents and patent applications Controlled by GSK or its Affiliates, which generically or specifically claim or cover the making, having made, use, sale, offer for sale, and/or import of Product (including, for example, any Product Improvements and Enhancements inside and outside of the Territory, which are made by or on behalf of GSK pursuant to this Agreement and relate to Product in the Field of Use), which includes, without limitation, the following: (a) divisions, continuations, continuations-in-part, renewals, and substitute applications of any such patent applications; (b) patents that may issue from any such patent applications; (c) reissues, reexaminations, and extensions or restorations of patents described in (b) by existing or future extension or restoration mechanisms, including without limitation, patent restoration and supplementary protection certificates or the equivalent thereof; and (d) any other form of government-issued right inside or outside of the Territory substantially similar to any of the foregoing. For clarity, GSK Patent Rights do not include any ALLERGAN Patent Rights.
GSK Patent Rights means any and all Patents Rights Controlled by GSK and/or its Affiliates as of the Effective Date or during the Term, which include one or more claims that, but for this Agreement, would be infringed by the making, having made, use, sale, offering for sale and import of the Compound, Drug Substance, the Formulation and/or Product, including any GSK Invention Patent Rights filed by or on behalf of GSK or its Affiliates pursuant to Section *** or assumed by GSK under Section *** but excluding the Eurand Patent Rights. A list of the Patent Rights included within the GSK Patent Rights as of the Effective Date is attached hereto as Exhibit C.
GSK Patent Rights means any U.S. or foreign patent applications, provisional patent applications and patents issuing therefrom worldwide, together with any extensions, registrations, confirmations, reissues, continuations, divisions, continuations-in-part, reexamination certificates, confirmations, registrations, revalidations, additions, substitutions, or renewals thereof and any patents anywhere in the world claiming the priority date of any of the foregoing, in each case owned or controlled by GSK, its Affiliates, licensees or sublicensees (and for which GSK has the right to grant licenses or sublicenses hereunder) to the extent claiming, covering or directed to the subject matter of a GSK Invention.
GSK Patent Rights means any and all patents and patent applications Controlled by GSK or its Affiliates, which generically or specifically claim or cover the making, having made, use, sale, offer for sale, and/or import of Product (including, for example, any Product Improvements and Enhancements inside and outside of the Territory, which are made by or on behalf of GSK pursuant to this Agreement and relate to Product in the Field of Use), which includes, without limitation, the following: (a) divisions, continuations, continuations-in-part, renewals, and substitute applications of any such patent applications; (b) patents that may issue from any such patent applications; (c) reissues, reexaminations, and extensions or restorations of patents described in (b) by existing or future extension or restoration mechanisms, including without limitation, patent restoration and supplementary protection certificates or the equivalent thereof; and (d) any other form of government-issued right inside or outside of the Territory *** Certain confidential information contained in this document, marked with 3 asterisks, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Act of 1934, as amended. substantially similar to any of the foregoing. For clarity, GSK Patent Rights do not include any ALLERGAN Patent Rights.