Patent Claim means either (a) a claim of an allowed or issued Patent that has not been held to be invalid by a Governmental Entity or a court of competent jurisdiction in any unappealable or unappealed decision or (b) a claim of a Patent application that is pending and that has not been abandoned or finally rejected without the possibility of appeal or re-filing.
Patent Claim means a claim of a pending patent application (pending for no longer than five (5) years) or issued and unexpired patent included within the Licensed Intellectual Property which has not been held unenforceable or invalid by a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal and which has not been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise.
Patent Claim means one or more claims in issued patents or pending patent applications issued or pending in the United States or anywhere else in the world.
Examples of Patent Claim in a sentence
If the IEEE receives notice that a [Proposed] IEEE Standard may require the use of a potential Essential Patent Claim, the IEEE shall request licensing assurance, on the IEEE Standards Board approved Letter of Assurance form, from the patent holder or patent applicant.
An asserted potential Essential Patent Claim for which an assurance cannot be obtained (e.g., a Letter of Assurance is not provided or the Letter of Assurance indicates that assurance is not being provided) shall be referred to the Patent Committee.
This assurance shall be provided prior to a reaffirmation if the IEEE receives notice of a potential Essential Patent Claim after the standard’s approval or a prior reaffirmation.
Cotropia, Patent Claim Interpretation Methodologies and Their Claim Scope Paradigms, 47 WM.
Menell, Informal Deference: A Historical, Empirical, and Normative Analysis of Patent Claim Construction, 108 NW.
More Definitions of Patent Claim
Patent Claim means any claim, right, or action arising from or related to any class or type of patents, including utility models and design patents and applications for these classes or types of patent rights and any equivalent claim, right or action in any country of the world.
Patent Claim means a valid claim in an unexpired LICENSED PATENT. A PATENT CLAIM shall be presumed to be valid unless and until 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. For the purposes of this Agreement, and especially for purposes of royalty determination and payment under ARTICLE II ("Financial Terms"), any claim being presented in a pending patent application shall be deemed to be the equivalent of a valid claim of an issued, unexpired patent and in consideration of RCT's agreement to grant a license under any patent issuing thereon earned royalties shall be payable in respect thereto as though it were a valid patent claim.
Patent Claim means a claim of a pending patent application or issued and unexpired patent included within the Licensed Technology which has not been held unenforceable or invalid by a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal and which has not been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise.
Patent Claim means a claim of a patent or patent application in any country that (a) has not expired; (b) has not been disclaimed; (c) has not been cancelled or superseded, or if cancelled or superseded, has been reinstated; and (d) has not been revoked, held invalid, or otherwise declared unenforceable or not allowable by a tribunal or patent authority of competent jurisdiction over such claim in such country from which no further appeal has or may be taken.
Patent Claim means that certain patent infringement claim, together with related claims, referenced as PalTalk Holdings, Inc. v. Riot Games, Inc. and Valve Corporation, 1:16-cv-01239, originally filed on December 16, 2016 by the Company’s indirect wholly owned Subsidiary, Paltalk Holdings, Inc., in the United States District Court for the District of Delaware, relating to U.S. Patent Nos. 5,822,523 and 6,226,686. “Paying Agent” has the meaning ascribed to it in Section 2.13(a).
Patent Claim means a valid claim in an unexpired LICENSED PATENT. A PATENT CLAIM shall be presumed to be valid unless and until 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. For the purposes of this Agreement, and especially for purposes of royalty determination and payment under ARTICLE II ("Financial Terms"), any claim being presented in a pending patent application shall be deemed to be the equivalent of a valid claim of an issued, unexpired patent and in consideration of RCT's agreement to grant a license under any patent issuing thereon earned royalties shall be payable in respect thereto as though it were a valid patent claim. If RCT files an amendment to the claims in any patent application within the LICENSED PATENTS that broadens the scope of any PATENT CLAIM as constituted on the Effective Date, or if RCT adds any new PATENT CLAIM to any LICENSED PATENT that is broader in scope than any PATENT CLAIM as constituted on the Effective Date, RCT shall promptly provide Orphan with a written copy of such amendment or new PATENT CLAIM. On or before the date sixty days after receiving such written copy, Orphan shall notify RCT if it elects not to extend the license granted under this Agreement to such new or amended PATENT CLAIM. If Orphan so elects, the license granted hereunder shall not include such PATENT CLAIM, even if the patent or patent application containing such PATENT CLAIM is designated as a LICENSED PATENT, and Orphan shall have no obligation to pay earned royalties on products that infringe only such PATENT CLAIM. If Orphan does not timely notify RCT of such election, Orphan shall be deemed to have elected to extend the license granted under this Agreement to such new or amended PATENT CLAIM.
Patent Claim shall have the meaning given to such term under the applicable laws of a patent office or jurisdiction and, for purposes of clarification, refers to a portion of a patent or patent application that defines the scope of protection for an invention.