Westaim Patent Rights definition

Westaim Patent Rights means all rights owned by Westaim in any of the following:
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Westaim Patent Rights has the meaning attributed to that term in the License and Development Agreement; and
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Westaim Patent Rights means all rights owned by Westaim in the patents listed on Schedule E, any patent issuing on any patent application identified in Schedule E, and any patent issuing from any continuing applications of those patents or patent applications, including any divisions, continuations, and continuation-in-part applications, as well as any patents issuing on any reissue and/or reexamination application, and including any patent term restoration of any such patents. Westaim Patent Rights also include all rights owned by Westaim in any foreign patents and patent applications which correspond to those described in the preceding sentence, and in any patents or patent applications that claim Improvements made solely by employees of Westaim acting in the course of their employment or by others acting on behalf of Westaim who have assigned their right with respect thereto to Westaim. Except for the terms defined in this Agreement, all terms defined in the PPSA which are used in this Agreement shall have the meanings specified in the PPSA.
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Examples of Westaim Patent Rights in a sentence

  • If from time to time Westaim acquires or develops patents which form part of the Westaim Patent Rights but are not then the subject of an Assignment, the Corporations shall promptly execute and deliver to the Trustee an Assignment thereof.

  • Notwithstanding the provisions of this Article 6 or any other provisions of this Indenture, the Trustee shall not exercise any remedies against the Westaim Patent Rights where the Event of Default consists of proceedings under the Bankruptcy and Insolvency Act (Canada), the Companies’ Creditors.

  • Westaim has no Knowledge of any reason why any patent included in the Westaim Patent Rights would be held to be invalid or otherwise unenforceable, of any reason why any patent application included in the Westaim Patent Rights would be refused or withdrawn, of any reason why any Person would claim that the production, use or sale of Products would infringe its intellectual property rights or that any trade secret of another Person has been appropriated by Westaim in the production of the Products.

  • Unless and until Enforcement shall have occurred and is continuing, Westaim shall be permitted to retain and exercise such of the Westaim Patent Rights as have not been granted to Holders pursuant to Licenses that are then in effect.


More Definitions of Westaim Patent Rights

Westaim Patent Rights has the meaning set out in the Trust Indenture; and
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Related to Westaim Patent Rights

  • 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).

  • 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.

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

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

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

  • 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.

  • 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.

  • 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.

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

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

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

  • 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.

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

  • Joint Patents means all Patents claiming any Joint Invention.

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

  • 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.

  • 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.

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

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

  • Licensor Technology means the Licensor Patents, the Licensor Know-How, Licensor Materials, and Non-Patent Rights Controlled by Licensor or its Affiliates embodied in Licensor Know-How or Licensor Materials.

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

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

  • Joint IP means Joint Know-How and Joint Patent Rights.

  • Product Technology means the Product Know-How and Product Patents.

  • 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.

  • Licensee Technology means the Licensee Know-How and Licensee Patents.