Milestone Patent definition

Milestone Patent means the patent issued by the PTO pursuant to the Milestone Patent Application.
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Milestone Patent means any Patent: (i) included in the Company Intellectual Property; or (ii) that claims priority, directly or indirectly, in whole or in part, to any of the Patents included in foregoing sub-clause (i) or from which any of the Patents included in foregoing sub-clause (i) claim priority, directly or indirectly.
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Milestone Patent means any Patent owned or otherwise controlled by any Acquired Company as of immediately prior to the Effective Time and/or any Patent that claims priority to any of the foregoing.
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Examples of Milestone Patent in a sentence

  • In the event that the Milestone Patent issues without Substantially Equivalent Claims and/or any of the Milestone Patent-Related Applications or other Product Patent Rights being transferred to the Purchaser hereunder results in the issuance of a Patent prior to the issuance of the Milestone Patent, the Parties shall meet and negotiate in good faith an appropriate modification of the amount, conditions and timing of the Milestone Payment (which in no event shall exceed $6,000,000).

  • Prior to the issuance of the Milestone Patent, the Purchaser shall not take or omit to take any actions in respect the Milestone Patent-Related Applications that adversely affect, or would reasonably be expected to adversely affect, the Milestone Patent Application and/or the issuance of the Milestone Patent (including, without limitation, any actions or omissions that prevent or delay such issuance, or adversely affect the claims contained in Milestone Patent Application).

  • In the event that Reliant shall not have received the Milestone Payment in full in the time periods provided herein (including, as applicable, any notice and cure period), then Purchaser shall transfer, or cause to be transferred, each of the Milestone Patent Rights back to Reliant.

  • With respect to the Milestone Patent-Related Applications, the Purchaser agrees that, prior to the issuance of the Milestone Patent, it will consult with Reliant on all matters related the Milestone Patent-Related Applications and the prosecution thereof, and will provide Reliant with copies of all material correspondence and documentation related thereto (subject, as applicable, to appropriate confidentiality undertakings from Reliant).

  • The Parties agree that the Milestone Payment will be allocated 100% to the Milestone Patent and that the Closing Date Payment will be allocated in the order that they are received by the Seller to the assets set forth above in the order set forth on Schedule 3.4. The Parties agree that the Sales-Based Contingent Purchase Price Payments will be allocated to the licenses granted under Section 2.6.

  • In furtherance of the foregoing, each Party agrees to execute and deliver any authorizations, powers of attorney, declarations of agency or other documentation necessary or desirable to enable the other Party to prosecute the Milestone Patent Application as contemplated hereby.

  • After such time as Reliant receives the Milestone Payment as required under Section 3.2, Reliant shall have no further obligation or right with respect to the prosecution or maintenance of the Milestone Patent.

  • In the United States during the Royalty Term for a given Milestone Product, upon the expiration of the last Valid Claim of a Milestone Patent Covering such Milestone Product in the United States, the Net Sales of such Milestone Product in the United States used for the calculation of Royalty Payments pursuant to Section 1.2(a) shall be reduced by [***] for each following Calendar Quarter during the remainder of the Royalty Term.

  • Data presented in this section of the report provides evidence linked to the following evaluation question.


More Definitions of Milestone Patent

Milestone Patent has the meaning set forth in Section 6.2. 1.68 “NDA” means a New Drug Application, as described in the FD&C Act, including but not limited to any such application filed under section 505(b)(2) of the FD&C Act and any corresponding or equivalent foreign application or registration filed with a Regulatory Authority of a country, group of countries or territory other than the United States to obtain approval to market a Product in such country, group of countries or territory. 1.69 “Net Sales” [****] 1.70 “New Aquestive Patent” has the meaning set forth in Section 11.1.2.3. 1.71 “Non-Breaching Party” has the meaning set forth in Section 10.2.2.1. 1.72 “OB Patent Listing” has the meaning set forth in Section 6.2. 1.73 “Orange Book” means the publication Approved Drug Products with Therapeutic Equivalence Evaluations as published by the FDA, or any successor thereto. 1.74 “Party” or “Parties” has the meaning set forth in the Preamble to this Agreement. 1.75 “Patent” means (a) any national, regional and international patents and patent applications, including provisional patent applications; (b) any patent applications filed from such patents, patent applications or provisional applications or from an application claiming priority to either of these, including divisionals, continuations, continuations-in-part, substitutions, provisionals, converted provisionals, and continued prosecution applications; (c) any patents that have issued or in the future issue from the foregoing patent applications described in clauses (a) and (b), including utility models, xxxxx patents and design patents; and (iv) all patent term extensions, restorations and the like by existing or future extension or restoration mechanisms, including revalidations, reissues, re-examinations and extensions of the foregoing patents or patent applications described in clauses (a), (b) and (c). 1.76 “Patent Milestone Payment” has the meaning set forth in Section 6.2. 1.77 “Person” means an individual, sole proprietorship, partnership, limited partnership, limited liability partnership, corporation, limited liability company, business trust, joint stock company, trust, unincorporated association, joint venture or other legal entity or organization, including a government or political subdivision, department, or agency of a government.
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Milestone Patent means any Patent within the Company Owned Intellectual Property or Company Licensed Intellectual Property [***].
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Related to Milestone Patent

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

  • 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).

  • 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 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.

  • Program Patents has the meaning set forth in Section 7.1.2.

  • 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.

  • 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.

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

  • Joint Patents means all Patents claiming any Joint Invention.

  • 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.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Development Milestone Payment shall have the meaning set forth in Section 9.2(a).

  • 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.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • 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 Compounds means: (a) Research Program Active Compounds; (b) Novartis Active Compounds; (c) salts, hydrates, solvates, esters, metabolites, intermediates, stereoisomers and polymorphs of Research Program Active Compounds or Novartis Active Compounds; and (d) prodrugs of Research Program Active Compounds or Novartis Active Compounds (any of the foregoing, a “Licensed Compound”).

  • Licensed Product means a product or part of a product in the Licensed Field of Use: (A) the making, using, importing or selling of which, absent this license, infringes, induces infringement, or contributes to infringement of a Licensed Patent; or (B) which is made with, uses or incorporates any Technology.

  • Licensed Compound means [***].

  • Development Milestone Event has the meaning set forth in Section 7.2.1.

  • Development Milestone is defined in Section 5.3.

  • Milestone Payment has the meaning set forth in Section 4.2.

  • Collaboration Product means a pharmaceutical product containing or comprising Compound in any dosage form alone, or in combination with, one or more other pharmaceutically active ingredients, and any and all Improvements thereto.

  • Collaboration Compound means any of the following: (a) FG-4592, (b) any HIF Compound (other than FG-4592) that is added to this Agreement pursuant to Section 3.6, and (c) any salts, esters, complexes, chelates, crystalline and amorphous morphic forms, pegylated forms, enantiomers (excluding regioisomers), prodrugs, solvates, metabolites and catabolites of any of the foregoing ((a) or (b)).