Necessary Patent definition

Necessary Patent means:
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Necessary Patent has the meaning provided in Section 6.7.1.
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Necessary Patent means a Patent of a Third Party that would, in Pfizer’s good faith reasonable opinion, be infringed by the Development, Manufacture, Commercialization, or use of a Licensed Product in the form such Licensed Product exists at the time that the Third Party license agreement is executed.
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Examples of Necessary Patent in a sentence

  • Each Member agrees to grant a Reciprocal License under any of its Necessary Patent Claims not excluded in accordance with the following sections for any Ratified Specification on the date of Ratification in reciprocity to all other Members that also grant a Reciprocal License to Member.

  • Such Reciprocal License is granted whether or not the any licensor ever had any knowledge of the existence of such Necessary Patent Claims.

  • Such Reciprocal License is granted whether or not the licensor or licensee Member ever had any knowledge of the existence of such Necessary Patent Claims.

  • This Member Patent License includes Such Member’s Necessary Claims that issue from patent applications that were filed or pending prior to Such Member’s termination from the SDLC, regardless of whether those Necessary Patent Claims issued after termination.

  • This Member Patent License and Covenant survives termination of Such Member from the SDLC, but only with respect to Necessary Patent Claims that were licensed pursuant to this paragraph prior to Such Member’s termination from the SDLC.

  • At any time during the creation of a Draft Specification or during the Ratification Period for a Final Draft any Member may choose to issue an IP Disclosure Certificate accompanied by a signed certificate (“Reciprocal License Certificate”) certifying Member’s grant of the Reciprocal License for disclosed Necessary Patent Claims for, or expected to be for, a Final Draft.

  • In the event that any Necessary Patent Claims would be infringed both by the implementation of a Final Specification adopted prior to July 1, 2003, and also by the implementation of a Final Specification adopted on or after July 1, 2003, then Section 3.2.2 will govern injunctions with respect to infringement of such Necessary Patent Claims.

  • Any assignment or other transfer of ownership or control of a Necessary Patent Claim or a Necessary Copyright Claim by a SDLC Member or its Affiliate shall be subject to the terms and conditions of this Policy.

  • Any attempt to exclude any such undisclosed Necessary Patent Claim(s) is ineffective and null and void.

  • After such period any non-excluded Necessary Patent Claims that shall be deemed to be licensed under the Reciprocal License.


More Definitions of Necessary Patent

Necessary Patent means, with respect to a particular Product sold in a country, a valid patent claim of an issued, unexpired patent in that country [***] and that would, absent a license from the unrelated Third Party under such valid patent claim, be infringed [***]. As used in this Section 6.7.2(b), (X) “infringed” [***]; and (Y) “valid patent claim” shall have the meaning set forth in Section 1.59, [***] rather than the Patent Rights identified in Section 1.59. As used herein, it is understood that if any Antibody Patents are licensed from an entity, then any Necessary Patents also licensed from such entity and its Affiliates shall be deemed to be Antibody Patents for purposes of Section 6.7.2(a) above.
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Necessary Patent means, with respect to a Genentech Product, a Valid Claim under a Third Party Patent for which Genentech (or its Affiliates or sublicensees) reasonably and in good faith determines it must obtain a license or other grant of right in order for Genentech (or its Affiliates or sublicensees) to manufacture, use, sell, distribute, import, or otherwise exploit such Genentech Product, and with respect to a Renovis Product, a Valid Claim under a Third Party Patent for which Renovis (or its Affiliates or sublicensees) reasonably and in good faith determines it must obtain a license or other grant of right in order for Renovis (or its Affiliates or sublicensees) to manufacture, use, sell, distribute, import, or otherwise exploit such Renovis Product.
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Necessary Patent means a Patent that cannot be avoided by a substitute, commercially reasonable exploitation of a version of the Bus Standard as it was Cleared. Included for instance are Patents that cover any example in the Handbook, insofar as a skilled person would understand a good or service to be indicated there in sufficient detail.
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Necessary Patent has the meaning set forth in Exhibit A.
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Necessary Patent means any Patent owned or controlled by any third party (other than any of the Buyer Parties) that, absent a license thereto or immunity (including any sublicense or covenant not to sxx) therefrom, would be infringed by [***] a Milestone Product [***] for which Regulatory Approval [***] has been obtained and for which a Milestone Payment is owed under this Agreement. [***]. [***]
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Necessary Patent means any issued Patent owned or controlled by any third party that claims the composition of matter of a Compound (which for clarity does not include any additional composition that is conjugated to, engineered into or otherwise added to the Compound after the date hereof) contained in any Milestone Product and, absent a license thereto or immunity therefrom, would be infringed by the use, manufacture, offer for sale, sale, importation, commercialization or other exploitation of the composition of matter of any Compound contained in any Milestone Product, but excluding any Patent licensed to the Acquired Companies prior to the date hereof.
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Related to Necessary Patent

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

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

  • 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.

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

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

  • 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).

  • 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.

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

  • 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 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.

  • 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.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • 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.

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

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

  • 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;

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Joint Patents means all Patents claiming any Joint Invention.

  • Infringement has the meaning set forth in Section 6.3(a).

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • 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.

  • Patents means all patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same.

  • Company Licensed IP means all Intellectual Property rights owned or purported to be owned by a third party and licensed to the Company or any Company Subsidiary or to which the Company or any Company Subsidiary otherwise has a right to use.

  • Company Licensed Intellectual Property means Intellectual Property Rights owned by any Person (other than a Group Company) that is licensed to any Group Company.

  • Product Trademark means one or more trademarks or logos that are used for the Commercialization of a Product in the Field in the Territory.