Common use of Existing Patent Rights Clause in Contracts

Existing Patent Rights. (a) All Existing Patents are listed on Exhibit E and all such Existing Patents are: (i) to the extent issued (unless otherwise indicated on Exhibit E), subsisting; (ii) solely and exclusively owned or exclusively licensed to Centrexion, and, but for as set forth in the BI Agreement, free of any encumbrance, lien or claim of ownership by any Third Party; (iii) to the extent subject to a pending application for issuance, being diligently prosecuted in the respective patent offices in which such applications have been filed in accordance with Applicable Law and Centrexion and its Affiliates have presented all relevant references, documents and information of which it is aware to the relevant patent examiner at each relevant patent office having a duty of disclosure; (iv) to Centrexion’s Knowledge, to the extent subject to a pending application for issuance, the inventors have presented all relevant references, documents and information of which they are aware to the relevant patent examiner at each relevant patent office having a duty of disclosure; and (v) filed and maintained properly and correctly and all applicable fees applicable thereto have been paid on or before the due date for payment. To Centrexion’s Knowledge, all Existing Patents are valid and enforceable.

Appears in 1 contract

Samples: Collaboration and License Agreement (Centrexion Therapeutics Corp)

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Existing Patent Rights. (a) All Patent Rights contained in the Licensed Technology existing as of the Effective Date that are issued or subject to a pending application for issuance (the “Existing Patents Patents”) are listed on Exhibit E and all such Existing Patents are, as of the Effective Date: (i) to the extent issued (unless otherwise indicated on Exhibit E), subsistingsubsisting and, to Dicerna’s knowledge, not invalid or unenforceable; (ii) except for the Blocked Targets or as may be otherwise set forth in the Blocked Target List, solely and exclusively owned or exclusively licensed to Centrexion, and, but for as set forth Dicerna US or Dicerna Cayman in the BI AgreementField in the Territory, free of any encumbrance, lien or claim of ownership by any Third Party; (iii) to the extent subject to a pending application for issuance, being diligently prosecuted in the respective patent offices in which such applications have been filed in accordance with Applicable Law and Centrexion Dicerna’s ordinary patent prosecution practices and Dicerna and its Affiliates have presented all relevant references, documents and information of which it and the inventors are aware and which is aware advisable based on advice from patent counsel to the relevant patent examiner at each relevant patent office having a duty of disclosure; (iv) to Centrexion’s Knowledge, to the extent subject to a pending application for issuance, the inventors have presented all relevant references, documents and information of which they are aware to the relevant patent examiner at each relevant patent office having a duty of disclosureoffice; and (viv) filed and maintained properly and correctly and all applicable fees applicable thereto have been paid on or before the due date for payment. To Centrexion’s Knowledge, all Existing Patents are valid and enforceable.

Appears in 1 contract

Samples: Collaboration and License Agreement (Dicerna Pharmaceuticals Inc)

Existing Patent Rights. (a) All Patent Rights contained in the Licensed Technology existing as of the Signing Date that are issued or subject to a pending application for issuance (the “Existing Patents Patents”) are listed on Exhibit E and all such Existing Patents are, as of the Signing Date: (i) to the extent issued (unless otherwise indicated on Exhibit E), subsistingsubsisting and, to Dicerna’s knowledge, not invalid or unenforceable; (ii) except for the Blocked Targets or Targets subject to the Excluded Field due to the exclusivity obligations granted under the Lilly Agreement, solely and exclusively owned or exclusively licensed to Centrexion, and, but for as set forth Dicerna in the BI AgreementField in the Territory, free of any encumbrance, lien or claim of ownership by any Third Party; (iii) to the extent subject to a pending application for issuance, being diligently prosecuted in the respective patent offices in which such applications have been filed in accordance with Applicable Law and Centrexion Dicerna’s ordinary patent prosecution practices and Dicerna and its Affiliates have presented all relevant references, documents and information of which it and the inventors are aware and which is aware advisable based on advice from patent counsel to the relevant patent examiner at each relevant patent office having a duty of disclosure; (iv) to Centrexion’s Knowledge, to the extent subject to a pending application for issuance, the inventors have presented all relevant references, documents and information of which they are aware to the relevant patent examiner at each relevant patent office having a duty of disclosureoffice; and (viv) filed and maintained properly and correctly and all applicable fees applicable thereto have been paid on or before the due date for payment. To Centrexion’s Knowledge, all Existing Patents are valid and enforceable.

Appears in 1 contract

Samples: Collaboration and License Agreement (Dicerna Pharmaceuticals Inc)

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Existing Patent Rights. (a) h. All Existing Patents Licensed Patent Rights existing as of the Effective Date are listed on Exhibit E the list mentioned in Section 1.67 and all such Existing Licensed Patents are: (i) to the extent issued (unless otherwise indicated on Exhibit Ethe list mentioned in Section 1.67), subsisting; (ii) solely and exclusively owned or exclusively licensed to CentrexionAlnylam, and, but for as set forth in the BI Agreement, and free of any encumbrance, lien or claim of ownership by any Third Party; (iii) to the extent subject to a pending application for issuance, being diligently prosecuted in the respective patent offices in which such applications have been filed in accordance with Applicable Law Laws and Centrexion Alnylam and its Affiliates have presented all relevant references, documents and information of which it is aware to the relevant patent examiner at each relevant patent office having a duty of disclosure; (iv) to CentrexionAlnylam’s Knowledge, to the extent subject to a pending application for issuance, the inventors have presented all relevant references, documents and information of which they are aware to the relevant patent examiner at each relevant patent office having imposing a duty of disclosure; and (v) filed and maintained properly and correctly and all applicable fees applicable thereto have been paid on or before the due date for payment. To Centrexion; and (vi) to Alnylam’s Knowledge, all Existing Patents are valid and enforceable.

Appears in 1 contract

Samples: Collaboration and License Agreement (Dicerna Pharmaceuticals Inc)

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