Patent Controversy definition

Patent Controversy means any Dispute between the Parties to the extent that it involves an issue relating to the inventorship, claim scope or interpretation, infringement, enforceability, patentability, or validity of any Patent Right hereunder, and including any such issues relevant to any Prosecution activities hereunder.
Patent Controversy means any Dispute between the Parties to the extent that it involves an issue relating to the validity, scope, enforceability, patentability, inventorship or ownership of any Patent Rights, Know-How or other intellectual property rights hereunder, and including any such issues relevant to any Prosecution activities hereunder. 1.146 “Patent Costs” means all Out-of-Pocket Costs reasonably incurred by or on behalf of a Party (such as by a designated Affiliate) in Prosecuting applicable Patent Rights. 1.147 “Patent Office” means the United States Patent and Trademark Office, European Patent Office, or other Governmental Authority responsible for the examination of patent applications or granting of other Patent Rights in a country, region, or supra-national jurisdiction. 1.148 “Patent Rights” means, in reference to a designated invention, all original (priority establishing) patent applications claiming such invention filed anywhere in the world, including provisionals and nonprovisionals, and all related applications thereafter filed, including any continuations, continuations-in-part, divisionals, or substitute applications, any patents issued or granted from any such patent applications, and any reissues, reexaminations, renewals or extensions (including by virtue of any supplementary protection certificates) of any such patents, and any confirmation patents or registration patents or patents of addition based on any such patents, and all foreign counterparts or equivalents of any of the foregoing in any country or jurisdiction. 1.149 “Patent Term Extension” means an extension of the term of any issued patent, or a right of protection equivalent to such an extension, granted under law or regulation such as the U.S. Drug Price Competition and Patent Term Restoration Act of 1984 in the United States, the Supplementary Protection Certificate of the member states of the EU, or any other similar law or regulation in any other country or jurisdiction. For example, a pediatric extension obtained by application to or through approval of a Patent Office extending the term of any patent shall be deemed a Patent Term Extension. 1.150 “Patent Working Group” has the meaning set forth in Section 8.8.

Examples of Patent Controversy in a sentence

  • Fritz Machlup & Edith Penrose, The Patent Controversy in the Nineteenth Century, 10 J.

  • Zorina Khan, Trolls and Other Patent Inventions: Economic History and the Patent Controversy in the Twenty-First Century, 21 GEO.

  • Penrose, “The Patent Controversy in the Nineteenth Century”, 10 (1950) Journal of Economic History, pp.

  • Fritz Machlup and Edith Penrose, ‘The Patent Controversy in the Nineteenth Century’, The Journal of Economic History, 10(1), pp.

  • Fine, To Issue or Not to Issue: Analysis of the Business Method Patent Controversy on the Internet, 42 B.C. L.

  • Fritz Machlup and Edith Penrose, The Patent Controversy in the Nineteenth Century, 10 J.

  • POSNER, THE POLITICAL ECONOMY OF INTELLECTUAL PROPERTY LAW (2004), which is derived from LANDES & POSNER, THE ECONOMIC STRUCTURE OF INTELLECTUAL PROPERTY LAW (2003).2 For authoritative histories, see Fritz Machlup and Edith Tilton Penrose, The Patent Controversy in the Nineteenth Century, 10 J.

  • Decker, The Railroads and the Land Office: Administrative Policy and the Land Patent Controversy, 1864-1896, 46 MISS.

  • Fritz Machlup & Edith Penrose, The Patent Controversy in the Nineteenth Century, X J.

  • Jordan Paradise, European opposition to Exclusive Control over Predictive Breast Cancer Testing and the Inherent Implications for U.S. Patent Law and Public Policy: A Case Study of the Myriad Genetics BRCA Patent Controversy, 59 FOOD & DRUG L.J. 133, 136 (2004).VIII.

Related to Patent Controversy

  • issue in controversy ’ means an issue which is material to a decision concerning an administrative program of an agency, and with which there is disagreement—

  • Tax Controversy means any pending or threatened audit, dispute, suit, action, proposed assessment or other proceeding relating to Taxes.

  • Dispute means any dispute, controversy, claim or difference of whatever nature arising out of, relating to, or having any connection with this Agreement, including a dispute regarding the existence, formation, validity, interpretation, performance or termination of this Agreement or the consequences of its nullity and also including any dispute relating to any non-contractual rights or obligations arising out of, relating to, or having any connection with this Agreement.

  • Disputes shall have the meaning set forth in Section 7.1.

  • Agreement Disputes shall have the meaning set forth in Section 6.1.

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

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

  • Program Patent Rights means all Patent Rights that claim or cover patentable Program Know-How, including any Program-Specific Patent Rights.

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of 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 or disclaimer or otherwise.

  • Technical Dispute has the meaning specified in Section 12.2;

  • Patent Rights means the rights and interests in and to issued patents and pending patent applications (which, for purposes of this Agreement, include certificates of invention, applications for certificates of invention and priority rights) in any country or region, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, renewals, all letters patent granted thereon, and all reissues, re-examinations and extensions thereof, and all foreign counterparts of any of the foregoing.

  • 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 Challenge means a challenge to the validity, patentability, enforceability and/or non-infringement of any of the Licensed Patents or otherwise opposing any of the Licensed Patents.

  • Labor dispute as used here, means a strike, lockout, or other labor dispute between the Employer and its Employees, during which time the Employee is not paid by the Employer.

  • Licensed Subject Matter means Patent Rights and/or Technology Rights.

  • trade dispute means any dispute or difference between employers and workmen, or between workmen and workmen, connected with the employment or non-employment, or the terms of employment, or with the conditions of labour, of any person;

  • Joint Patents means all Patents claiming Joint Inventions.

  • Collaboration has the meaning set forth in Section 2.1.

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Licensed Patent Rights means:

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

  • Legal Dispute means any action, suit or proceeding between or among the Parties arising in connection with any disagreement, dispute, controversy or claim arising out of or relating to this Agreement or any related document.

  • Arbitrable Dispute means any dispute arising under or in connection with this Agreement.

  • Subject Matter Expert means a person who has working or expert knowledge about a particular topic or field.

  • 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.