Pfizer Use Patent Claims definition

Pfizer Use Patent Claims means any claims contained in any issued patent hereafter during the Term of this Agreement owned or controlled by PFIZER or its Affiliates, which claims are directed to the therapeutic use of any Covered ODN (in each case as the sole therapeutically active ingredient) and where the inventive work Derived from the Collaboration (as defined below); (ii) “Infringing Claims” means any Pfizer Use Patent Claims which are found, as specified below, as of the Date of Determination (as defined below), to literally infringe any issued claim of a patent owned or controlled by XXXXX or any of its Affiliates; (iii) “Permitted Sublicensees” shall mean any Affiliate of XXXXX or any Third Party that manufactures Covered ODNs for XXXXX or any sublicensee of XXXXX having rights thereto; (iv) “Pfizer Process Patent Claims” shall mean any claims contained in any issued patent hereafter during the Term of this Agreement owned or controlled by PFIZER or its Affiliates, which claims are directed to any manufacturing process (including, without limitation, synthesis, purification or analytical methods) that have been used by PFIZER or its Affiliates in the manufacturing or processing of bulk active substance for the Compound or a Research Compound; (v) “Covered ODNs” means [************ **************************************************************************************************** ******** ****** *******************************************]; (vi) “Derived from the Collaboration” means those circumstances under which the conception or reduction to practice of an invention is materially related to performance of activities of PFIZER employees under the Screening and Evaluation Agreement or this Agreement.
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Pfizer Use Patent Claims means any claim contained in a Patent Right that is Controlled by Pfizer or any of its Affiliates, the subject matter of which (i) was invented by (a) officers, employees or agents of, or consultants to, Pfizer or any of its Affiliates, alone or jointly with Third Parties, or (b) officers, employees or agents of, or consultants to, a Third Party, in the case of each of clauses (a) and (b), during the Term in a program directed toward the development of CCR2 Antagonists (other than the Research Program) and (ii) is directed to the therapeutic use of a Compound or an Incyte Compound or Incyte Product for an Incyte Indication or, if applicable, a Reverted Indication or, in the case of Section 11.6(b)(ii)(E) only, any indication.
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Pfizer Use Patent Claims as applicable, and become “Incyte Program Patent Rights”. The Parties acknowledge and agree that a terminal disclaimer with respect to an Incyte Patent Right, or a Program Patent Right, Pfizer Process Patent Claim or a Pfizer Use Patent Claim could adversely affect Pfizer and would be a valid reason for Pfizer to withhold its consent pursuant to clause (A) of this Section 9.2(e).
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Examples of Pfizer Use Patent Claims in a sentence

  • If Pfizer files, prosecutes or maintains any such Pfizer Patent Rights, Pfizer Process Patent Claims or Pfizer Use Patent Claims, then Pfizer shall be responsible for all costs associated with such filings, prosecutions and maintenance.

  • Pfizer or its Affiliates shall Control all Pfizer Confidential Information, Pfizer Technology, Pfizer Process Patent Claims, Pfizer Proprietary Process Patent Claims, Pfizer Use Patent Claims and Pfizer Patent Rights.

  • Except as set forth in Section 9.2(e), Pfizer shall have the only right, but not the obligation, to file, prosecute and maintain all Pfizer Patent Rights, Pfizer Process Patent Claims and Pfizer Use Patent Claims.


More Definitions of Pfizer Use Patent Claims

Pfizer Use Patent Claims means any claim contained in a Patent Right that is Controlled by Pfizer or any of its Affiliates, the subject matter of which (i) was invented by (a) officers, employees or agents of, or consultants to, Pfizer or any of its Affiliates, alone or jointly with Third Parties, or
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Related to Pfizer Use 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.

  • 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).

  • Collaboration Patent Rights means Patent Rights claiming 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.

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

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

  • 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.

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

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

  • 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.

  • Joint Patents means all Patents claiming any Joint Invention.

  • 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.

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

  • 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.

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

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

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

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

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

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

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

  • 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.

  • Patent Family means all patents and patent applications that share a common priority application, excluding continuations in part, but including any divisionals, continuations, reissues, reexaminations, extensions, foreign counterparts or equivalents. For the avoidance of doubt, if any patent or patent application is subject to a terminal disclaimer with any other patent or patent application such patent or patent application and such other patent or patent application shall be deemed one (1) Patent Family for the purposes of this Agreement.

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

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