Necessary Patent Claims definition

Necessary Patent Claims means claims of a patent or patent application, other than design patents and design registrations, issued or filed in any country, to which Contractor or its Affiliates has the right to grant licenses in accordance with the terms and conditions of this Attachment A at any time during the term of the Agreement, and which are necessarily infringed by any Compliant Portion. Necessary Patent Claims do not include any claims (i) other than those set forth above even if contained in the same patent or patent application as Necessary Patent Claims; (ii) that read solely on (1) any implementation of any portion of the Ratified Specification that is not a Compliant Portion, or (2) any Compliant Portion that is not within the bounds of the Scope; or (iii) that it is possible to avoid infringing because there is a commercially plausible non-infringing alternative for implementing such portions of the Ratified Specification.
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Necessary Patent Claims means claims of a patent or a pending patent application, other than design patents and design registrations, issued or filed in any country which a Member or an Affiliate of a Member has the right, at any time during the term of the Agreement, to grant licenses and which (if issued) would be infringed by Conformance Implementations directed to purposes within the Scope, but not including or extending to claims that (a) if licensed, would require a payment of royalties or other consideration by the Member or an Affiliate of the Member to an unaffiliated third party or (b) would not (if issued) be infringed by Conformance Implementations directed to purposes within the Scope if the applicable Specification did not incorporate by reference into such Specification published specification(s) developed outside of the Project. Necessary Patent Claims do not include any claims other than those set forth above, even if contained in the same patent as Necessary Patent Claims. For purposes of this Agreement, provisional patents and other such applications will be deemed to be pending patent applications.
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Necessary Patent Claims means those claims of all patents, other than design patents and design registrations, throughout the world entitled to an effective filing date prior to the Filing Date Cutoff, which are necessarily infringed by: (i) an implementation of a Final Specification which cannot be avoided by another commercially reasonable non-infringing implementation of such Final Specification; or (ii) an implementation of any example included in the Final Specification.
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Examples of Necessary Patent Claims 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.

  • Any agreement assigning or otherwise transferring ownership or control of a Necessary Patent Claim or a Necessary Copyright Claim shall include a provision expressly stating that the assignment or transfer is subject to this Policy to ensure that the terms and conditions of this Policy are enforceable against all parties who own or control any Necessary Patent Claims or Necessary Copyright Claims.

  • 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 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 Claims

Necessary Patent Claims means claims of a patent or patent application, other than design patents and design registrations, issued or filed in any country which a Member or its Affiliates has the right to grant licenses, at any time during the term of the Agreement, and which are necessarily infringed by all fully compliant implementations of a Ratified Specification and all subsequent specifications to the extent that the subsequent specifications incorporate that Ratified Specification. Necessary Patent Claims do not include any claims (i) other than those set forth above even if contained in the same patent as Necessary Patent Claims; (ii) that read solely on any implementations of any portion of the Ratified Specification that are not within the bounds of the Scope; (iii) that it is possible to avoid infringing because there is a commercially plausible non-infringing alternative for implementing such portions of the Ratified Specification or (iv) that, if licensed, would require a payment of royalties by the licensor to unaffiliated third parties.
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Necessary Patent Claims means those claims of all issued patents or utility models (or applications) throughout the world, that a Member or a non-Member, as applicable, owns or has a right to, and that: (a) cover or directly relate to one or more of the Proposed Specifications and/or the Adopted Functional Technical Specifications, as applicable; and (b) reasonably might be necessarily infringed by a Compliant Implementation of any Proposed Functional Technical Specifications, if approved as Adopted Functional Technical Specifications, and/or Adopted Functional Technical Specifications, as applicable, where such infringement could not have been avoided by another commercially reasonable non infringing Compliant Implementation of such Proposed Functional Technical Specifications and/or Adopted Functional Technical Specifications, as applicable, and such infringement is necessary to meet the implementation requirements of the Proposed Specifications and/or Adopted Functional Technical Specifications, as applicable. If a Member asserts that any claim is not a Necessary Patent Claim on the basis that there is a commercially
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Necessary Patent Claims means any patent claim(s), now owned, controlled, or hereafter acquired by Licensor in any patent that Licensor has the right to license, that would be infringed, but for the license granted in Section 2.2, by the making, using, selling, or importation of processes or products that implement specific features or teachings of Specification, but excluding any claims covering subject matter that is not set forth or specifically described in the Specification.
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Necessary Patent Claims means those requests for all patents (or applications) issued throughout the world which an
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Necessary Patent Claims means claims of a patent or patent application, other than design patents and design registrations, issued or filed in any country, to which Adopter or its Affiliates (or other applicable licensor) has the right to grant licenses, and which are necessarily infringed by any Compliant Portion. Necessary Patent Claims do not include any claims (i) other than those set forth above even if contained in the same patent or patent application as Necessary Patent Claims; (ii) that read solely on (1) any implementation of any portion of the Ratified Specification that is not a Compliant Portion, or (2) any Compliant Portion that is not within the bounds of the Scope; or (iii) that it is possible to avoid infringing because there is a commercially plausible non-infringing alternative for implementing such portions of the Ratified Specification.
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Related to Necessary Patent Claims

  • 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.

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

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

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

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

  • 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).

  • 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.

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

  • 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.

  • 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.

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

  • Joint Patents means all Patents claiming any Joint Invention.

  • Infringement Claim has the meaning set forth in Section 8.2(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.

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

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

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

  • 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.

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

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

  • Transferred Patents means those Patents identified on Schedule 1.01(g).

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

  • Valid Claims means Settlement Claims in an amount approved by the Claims Administrator or found to be valid through the claims processing and/or Dispute Resolution process.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.