RESTRICTED PATENT definition
RESTRICTED PATENT is defined in Section 1.2.13.
RESTRICTED PATENT means (a) any Patent having an Effective Application Date on or before the expiration of the Term, and (b) any Second Restricted Patent, in each case (i) which Patent results or has resulted from activities funded by a Governmental Authority, where the license of such Patent to Third Parties is generally prohibited under applicable Law or the applicable contract with such Governmental Authority in accordance with the standard procedures of such Governmental Authority, but only as long as such prohibition shall remain in force and effect, or (ii) which Patent (A) is Co-Owned by an ASML Grantor Entity, Nikon Grantor Entity, or Zeiss Grantor Entity, as applicable, on the one hand, and one or more Third Parties, on the other hand, and (B) is not a Licensable Co-Owned Patent, but only as long as, and solely to the extent that, it is not a Licensable Co-Owned Patent. A “Second Restricted Patent” means another Patent that has one or more claims that is not inventive over the subject matter disclosed in any Patent(s) described in clause (a) above (or in clause (a) of Sections 1.1.11, 1.1.64 or 1.1.112, as applicable “First Patent(s)”), if such First Patent(s) were prior art to that other Patent. A claim of a Second Restricted Patent is not “inventive” over the subject matter disclosed in any First Patent(s) if any First Patent(s), alone or in combination with other prior art, would render such claim of the Second Restricted Patent anticipated, lacking in novelty, obvious, or lacking inventive step if the First Patent(s) were prior art to the Second Restricted Patent. For purposes of this Agreement, the Restricted Patents “of” a Party means the Restricted Patents that are owned either solely by such Party or any of its Grantor Entities or jointly by such Party or any of its Grantor Entities, on one hand, and one or more Third Parties, on the other hand.
RESTRICTED PATENT means the Patents set forth on Schedule VIII(B) hereto.
Examples of RESTRICTED PATENT in a sentence
APPENDIX B — RESTRICTED PATENT RIGHTS Duke file [***] • [***] • [***] *** CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.