Xxxxxxx Patent Rights definition

Xxxxxxx Patent Rights means all Patent Rights Controlled by Xxxxxxx or any of its Related Parties that (a) are necessary or useful for the Development, Manufacture and/or Commercialization of a Product or (b) claim or disclose Inventions Controlled by Xxxxxxx or any of its Related Parties that are conceived of or reduced to practice in the course of the Development, Manufacture or Commercialization of Products under this Agreement.
Xxxxxxx Patent Rights means all patents and patent applications that generically or specifically claim (a) (i) a Compound, a Product Candidate or a Product, (ii) a process for manufacturing a Compound, a Product Candidate or a Product, or an Intermediate used in such process; or (iii) a use of the Compound, a Product Candidate or a Product, and that are Controlled by Xxxxxxx or any of its Affiliates as of the Effective Date, or (b) Inventions Controlled by Xxxxxxx or any of its Affiliates that are conceived or reduced to practice in the course of Xxxxxxx’x performance of the Development Program, or of Manufacturing activities, under this Agreement or any supply agreement under which Xxxxxxx or any of its Affiliates supplies Product Candidates or Products to Vertex, or during studies of a Product Candidate or Product undertaken after the end of the Development Program, or as part of the Commercialization of a Product Candidate or Product, and that are related to the Development, utilization, Manufacture or Commercialization of the Compound or any Product Candidate or Product. Included within the definition of Xxxxxxx Patent Rights are all continuations, continuations-in-part, divisions, patents of addition, reissues, renewals or extensions, substitutions, re-examinations or restorations, registrations and revalidations thereof, and all supplementary protection certificates and the like. Schedule 1.55 lists all patent applications and patents encompassed within Xxxxxxx Patent Rights on the Effective Date.
Xxxxxxx Patent Rights means those Patent Rights Controlled by Xxxxxxx during the Term and that Cover any Vector, HPV Antigen, Licensed Component or Licensed Product (including, in each case, its composition, formulation, combination, product by process, or method of use, manufacture, preparation or administration) or that would be necessary or reasonably useful for the Development, Manufacture, use and/or Commercialization of a Licensed Component or Licensed Products in the Field. Xxxxxxx Patent Rights shall include Xxxxxxx Program Patent Rights and Xxxxxxx’x interest in any Joint Program Patent Rights and those Patent Rights listed in Annex C.

Examples of Xxxxxxx Patent Rights in a sentence

  • Notwithstanding anything contained in this Agreement, Xxxxxxx gives no warranty and makes no representation that any patent application within the Xxxxxxx Patent Rights shall proceed to grant or that any patent within the Xxxxxxx Patent Rights will be valid and enforceable.

  • The term of this Agreement (the “Term”) will commence on the Effective Date and, subject to earlier termination in accordance herewith, shall expire on the last to occur of: (a) the expiry of the last-to-expire patent term, or conclusion of Prosecution of the last-to-be-Prosecuted, of the Xxxxxxx Patent Rights; or (b) the expiration of the last-to-expire Royalty Term.

  • If Xxxxxxx has not licensed a Third Party rights under the Xxxxxxx IP to any Compound or Products for use outside the Field by the time that Company Marketing Authorization for a Product in the Field in a given country, Company shall have the sole right to determine, if applicable, which of the Xxxxxxx Patent Rights the Parties will attempt to extend.

  • The Parties agree to cooperate in an effort to avoid loss of any Xxxxxxx Patent Rights which may otherwise be available to the Parties hereto under the provisions of the Drug Price Competition and Patent Term Restoration Act of 1984 or comparable U.S. or foreign laws, including by executing any documents as may be reasonably required.

  • Xxxxxxx grants to ACI a worldwide non-exclusive license under Xxxxxxx Patent Rights and Xxxxxxx Know-How, including rights licensed to Xxxxxxx by ACI under section 7.1, for ACI to conduct: (i) Research activities in accordance with the Research Plan, and (ii) Development and CMC activities in accordance with sections 6.1 and 6.4.

  • In the case of a termination in its entirety by ACI under Section 12.3.1 or Xxxxxxx under this section 12.5, Xxxxxxx shall xxxxx and hereby grants to ACI a non-exclusive, worldwide, fully-paid up, royalty-free, perpetual, irrevocable license under Xxxxxxx Patent Rights and Xxxxxxx Know-How, to the extent necessary to Develop, Manufacture and Commercialize ACI or Joint Product(s) as of the effective date of termination.

  • Xxxxxxx has the right but not the obligation to initiate and prosecute any such legal action at its own expense and in the name of ACI and Xxxxxxx (or just ACI or just Xxxxxxx if the laws of the jurisdiction so dictate), or to control the defense of any declaratory judgment action relating to such ACI Patent Rights, Xxxxxxx Patent Rights, Joint Patent Rights, ACI Know-How or Xxxxxxx Know-How.

  • The Parties shall cooperate with each other and use Diligent Efforts to obtain patent term restoration or supplemental protection certificates or their equivalents in any country in the Territory where applicable to ACI Patent Rights, Joint Patent Rights and Xxxxxxx Patent Rights.

  • At the request and expense of the Party controlling a Third Party Infringement action with respect to Xxxxxxx Patent Rights, the other Party shall provide reasonable assistance in connection with such Third Party Infringement action, including by executing any required documents, participating in discovery (including producing documentation and providing access to employees or relevant persons), and joining as a party to the action if required.

  • Xxxxxxx and ACI shall thereafter cooperate to determine a course of action to terminate any such infringement of ACI Patent Rights, Xxxxxxx Patent Rights or Joint Patent Rights or any misappropriation or misuse of ACI Know-How or Xxxxxxx Know-How.


More Definitions of Xxxxxxx Patent Rights

Xxxxxxx Patent Rights means the Patent Rights licensed under the Assigned Contract as of the Closing Date, including without limitation the Patent Rights set forth on Schedule 1.19.
Xxxxxxx Patent Rights means any issued or to be issued patents and pending patent applications relating to the fire retarded smoke blown urethane foam with reduced smoke toxicity owned or controlled by Xxxxxxx.
Xxxxxxx Patent Rights means the patents and patent applications listed on Exhibit 1.12 hereto, and all continuations, divisions, extensions including supplementary protection certificates, reissues, foreign equivalents or counterparts, and other filings thereof.
Xxxxxxx Patent Rights means Patent Rights that (a) Xxxxxxx Controls as of the Effective Date or that come into the Control of Xxxxxxx during the Initial Improvement Term or, to the extent covering Extended Improvement Term Technology, during the Extended Improvement Term, and (b) cover the subject matter of any Xxxxxxx Know-How or otherwise include at least one Valid Claim covering the manufacture, use, sale, offer for sale or importation of any Licensed Product developed by the Parties hereunder during the Initial Improvement Term or, to the extent covering Extended Improvement Term Technology, during the Extended Improvement Term. For the avoidance of doubt, “Xxxxxxx Patent Rights” also include the Joint Patent Rights (as defined in Section 8.1). Notwithstanding the foregoing, “Xxxxxxx Patent Rights” do not include any Xxxxxxx Flex Circuit Technology.
Xxxxxxx Patent Rights means any issued or to be issued patents and pending patent applications.
Xxxxxxx Patent Rights means the Patent Rights Controlled by Xxxxxxx identified in Exhibit 2(A) and Exhibit 2(B) as updated pursuant to Section 8.2(b), and any Patent Rights related thereto Controlled by Xxxxxxx that are filed or issued after the Effective Date.

Related to Xxxxxxx 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).

  • 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.

  • 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 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.

  • 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.

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

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

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

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

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

  • 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.

  • 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.

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

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

  • 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.

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

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

  • 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.

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

  • Licensed IP Rights means, collectively, the Licensed Patent Rights and the Licensed Know-How Rights.

  • Patent Applications means all published and unpublished nonprovisional and provisional patent applications, reexamination proceedings, invention disclosures and records of invention, applications for certificates of invention and priority rights, in any country and regardless of formal name, including without limitation, substitutions, continuations, continuations-in-part, divisions, renewals, revivals, reissues, re-examinations and extensions thereof.

  • Patent Application means an application for patent protection for a CRADA Subject Invention with the United States Patent and Trademark Office (“U.S.P.T.O.”) or the corresponding patent-issuing authority of another nation.

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