Common use of Correction of Licensed Patents without Patent Challenge Clause in Contracts

Correction of Licensed Patents without Patent Challenge. During the License Term with respect to a Program, if a Party becomes aware of any good-faith error in any Xxxxxxx Program Patent or Development Program Patent that would render the only issued claim(s) therein Covering any marketed Licensed Product with respect to such Program invalid, such Party shall inform the other Party (orally through the Parties’ Patent Representatives) and the applicable Party prosecuting such Patent Right shall, subject to this Article 7, use Commercially Reasonable Efforts to correct such error by reissue or reexamination (if such error is so correctable under Applicable Law).

Appears in 2 contracts

Samples: License and Option Agreement (Tracon Pharmaceuticals, Inc.), License and Option Agreement (Tracon Pharmaceuticals, Inc.)

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Correction of Licensed Patents without Patent Challenge. During the License Term with respect to a ProgramTerm, if a Party becomes aware of any good-faith error in any Xxxxxxx TRACON Program Patent or Development Program Patent that would render the only issued claim(s) therein Covering any marketed Licensed Product with respect to such Program invalid, such Party shall inform the other Party (orally through the Parties’ Patent Representatives) and the applicable Party prosecuting such Patent Right shall, subject to this Article 76, use Commercially Reasonable Efforts to correct such error by reissue or reexamination (if such error is so correctable under Applicable Law).

Appears in 2 contracts

Samples: License and Option Agreement (Tracon Pharmaceuticals, Inc.), License and Option Agreement (Tracon Pharmaceuticals, Inc.)

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Correction of Licensed Patents without Patent Challenge. During In the License Term with respect to a Program, if event a Party becomes aware of any good-faith error in any Xxxxxxx Program an Achillion Background Patent Right or Development Program Patent Right that would render the only issued claim(s) therein Covering any marketed Licensed Product with respect to such Program invalid, such Party shall inform the other Party (orally through the Parties’ Patent Representatives) and the applicable Prosecuting Party prosecuting such Patent Right shall, subject to this Article 7Section 10.3.3, use Commercially Reasonable Efforts commercially reasonable efforts to correct such error by reissue or reexamination (if such error is so correctable under Applicable Law).

Appears in 1 contract

Samples: Collaboration and License Agreement (Achillion Pharmaceuticals Inc)

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