Novartis Patent Rights definition

Novartis Patent Rights means all patent and provisional patent applications, issued and subsisting patents and substitutions, divisionals, continuations, continuations-in-part, reissues, reexaminations, extensions and supplementary protection certificates thereof, including foreign counterparts of the foregoing owned by

Novartis Patent Rights means all Patent Rights that: (a) are Controlled by Novartis or its Affiliates as of the Effective Date or during the Term; and (b) are necessary or useful to Develop, manufacture or Commercialize all or any of the Licensed Compounds and Licensed Products; provided, however, that Novartis Patents Rights specifically excludes Joint IP.

Novartis Patent Rights means those Patent Rights which are owned by or licensed (with the right of sublicense) to Novartis or any of its Affiliates (other than pursuant to this Agreement or any Ancillary Agreement) and which include at least one claim which would be infringed by the manufacture, use, sale, offer for sale or import of an IL-1 Product at any time during the applicable Term for such IL-1 Product.

Examples of Novartis Patent Rights in a sentence

• In the event Novartis elects not to prosecute or maintain any Novartis Patent Rights, Idenix will have the right to do so at Idenix' sole expense.

• Diversa and Novartis shall promptly notify the other in writing of any alleged or threatened infringement of any patent or patent application included in the Diversa Patent Rights or Novartis Patent Rights of which they become aware.

• The Joint Operations Committee shall agree on which of the Novartis Patent Rights, Idenix Patent Rights and Joint Patent Rights for which to seek an extension of term, and the Parties shall cooperate and bear the costs thereof in the same manner as the Parties bear the expenses for the filing, prosecution and maintenance of such Patent Rights in accordance with the provisions of this Section 10.2.

• The Joint Operations Committee shall agree on which of the Novartis Patent Rights, Idenix Patent Rights and Joint Patent Rights for which to seek an extension of term and the Parties shall bear the costs thereof in the same manner as the Parties bear the expenses for the filing, prosecution and maintenance of such Patent Rights in accordance with the provisions of this Section 10.2.

• Novartis shall have the sole right, at its own expense, to control the filing, prosecution and maintenance of all Novartis Patent Rights.

• The rights and obligations of Article 12.1 shall apply mutatis mutandis with respect to Novartis Patent Rights, Products and products outside the Field as to which Osiris is licensed under this Agreement.

• Idenix and Novartis shall use Commercially Reasonable Efforts to prepare, file, prosecute and maintain Patents and Patent Applications (as applicable) throughout the Territory for the Idenix Patent Rights (to the extent permitted in accordance with the terms of Third Party licenses to Idenix of Idenix Patent Rights) or Novartis Patent Rights, respectively.

• Celgene and Novartis shall promptly notify the other in writing of any alleged or threatened infringement of any patent included in the Celgene Patent Rights, Novartis Patent Rights or Joint Patent Rights of which they become aware.

• Novartis shall have the right to bring and control any action or proceeding with respect to infringement of any patent included in the Novartis Patent Rights at its own expense and by counsel of its own choice.

• Novartis shall use Commercially Reasonable Efforts to prepare, file, prosecute and maintain, at its own cost and expense, Patents and Patent Applications (as applicable) within the Novartis Patent Rights throughout the applicable Territory, and shall confer with and keep Regeneron reasonably informed regarding the status of such activities.

More Definitions of Novartis Patent Rights

Novartis Patent Rights means (a) all United States and foreign patent applications covering (i) the composition of matter of HCV or HIV-1, or, in each case of the foregoing, any nucleotide sequence thereof or (ii) the use thereof in the Blood Screening Field; (b) such other Novartis patent rights which claim markers or their uses as may become subject to this Agreement pursuant to the terms hereof with respect to Blood Screening Assays developed hereunder and sold by Novartis or pursuant to ARTICLE 8; (c) all other patents and patent applications which cover nucleic acid probe assays and instrument technologies, to the extent necessary for use in the Blood Screening Assays or Blood Screening Instruments but only to the extent in each case of the design of the Products as of the Effective Date and any future modifications to any such designs and/or any new Products approved for development by Novartis after the Effective Date (subject to Section 6.2); (d) all patents that have issued or in the future issue from any of the foregoing, including without limitation utility, model and design patents and certificates of invention; and (e) all divisional, continuations, continuations-in-part; reissues, renewals, extensions or additions to any of the foregoing patent applications and patents; but in each case only to the extent Novartis has an ownership or other licensable interest as of the date (1) Novartis approves a Product for development or (2) a modification to an existing Product is made, considered on a product-by product basis, and all to the extent and only to the extent that Novartis has or hereafter acquires the right to grant licenses, immunities or other rights thereunder.

Novartis Patent Rights means all Patent Rights that: (a) are Controlled by Novartis or its Affiliates as of the Effective Date or during the Term; and (b) are necessary or useful to Develop, manufacture or Commercialize all or any of the Licensed Compounds and Licensed Products; provided, however, that Novartis Patents Rights specifically excludes Joint IP. Agreement § 1.79.

Novartis Patent Rights means all patent and provisional patent applications, issued and subsisting patents and substitutions, divisionals, continuations, continuations in-part, reissues, reexaminations, extensions and supplementary protection certificates thereof, including foreign counterparts of the foregoing owned by or licensed to Novartis or any of its Affiliates, with the right to license, as of the Effective Date or otherwise during the Research Period, claiming inventions owned (or in-licensed) and controlled by Novartis or any of its Affiliates which are necessary or useful to the achieve the commercial objectives of the Joint Venture, or otherwise relate to Biomolecules or Products arising from the conduct of the Projects. Without limiting the generality of the foregoing, Novartis Patent Rights include any patents and patent 4. *Confidential Treatment Requested applications claiming Inventions owned by Newco under the terms of the Research and Development Agreement.

Novartis Patent Rights means all Patent Rights that: (a) are Controlled by Novartis or its Affiliates during the Term; and (b) are necessary or useful to Develop and Commercialize Licensed Compounds and Licensed Products.

Novartis Patent Rights means (a) all patent applications heretofore or hereafter filed or having legal force (in any country) owned by or licensed to NOVARTIS or to which NOVARTIS otherwise acquires rights, which claim a NOVARTIS Compound, any methods, processes, compounds, materials, formulations or uses, in whole or in part, related thereto, derived therefrom, or comprising such NOVARTIS Compound, together with any and all patents that have issued or in the future issue therefrom, including utility, model and design patents and certificates of invention, and (b) all divisionals, continuations, continuations-in-part, reissues, reexaminations, renewals, extensions or additions to any such patents and patent applications; all to the extent and only to the extent that NOVARTIS now has or hereafter will have at all pertinent times the right to grant licenses, immunities or other rights thereunder.