Licensed Patents Clause Samples
The 'Licensed Patents' clause defines which patents are covered under a license agreement, specifying the scope of patent rights granted to the licensee. It typically lists or references specific patents or patent applications, and may include future patents or improvements related to the licensed technology. This clause ensures both parties are clear on which intellectual property is included, thereby preventing disputes over unauthorized use or infringement and allocating rights and responsibilities regarding patented inventions.
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Licensed Patents. 4.2.1 Licensor shall use reasonably diligent efforts in controlling, filing, prosecuting, and maintaining any and all patents and patent applications within the Licensed Patents and shall hold title to all Licensed Patents, in all cases at its own cost and expense.
4.2.2 Licensee shall have the right of review and comment in respect to the Licensed Patents, meaning Licensor shall consult with Licensee in good faith regarding the preparation, filing, prosecution, and maintenance of the Licensed Patents, including the conduct of interferences, the defense of oppositions and other similar proceedings with respect to claims therein. Without limiting the foregoing, Licensor will timely provide Licensee with a copy of any proposed patent application within such Licensed Patents and any proposed response or submission to any patent office at least [***] business days prior to the filing or response deadline; provided, however, that such [***] business day period shall be reasonably reduced on a case-by-case basis in the event that, due to no fault of Licensor or its agents and despite reasonable efforts of Licensor and its agents, compliance within such period of time is not feasible in order to timely proceed with the relevant submission or other contemplated action. Licensor will consider in good faith all comments made by Licensee with respect to such draft response or submission, and will not unreasonably fail to act on any reasonable changes recommended by Licensee related thereto (and, notwithstanding Section 4.2.1, any demonstrated reasonable increased cost as a result of Licensee’s inputs will be borne by Licensee); provided, however, that in the event of a good faith disagreement between Licensee and Licensor, Licensor shall have the sole right to determine the contents of such submission. To that end, Licensor will keep Licensee reasonably informed of the status of the applicable Licensed Patents, including, without limitation: (a) by providing Licensee with copies of [***] received from or filed in patent office(s), or received from or sent to [***], with respect to such filing, (b) by providing a docket report at least annually upon request from Licensee and (c) by providing Licensee a reasonable time, but in any event not less than [***] business days (subject to possible reductions
Licensed Patents. The Parties have determined that certain Patents will need to be used by both Parties after the Separation and therefore wish to establish license terms with respect to such Patents.
Licensed Patents. Subject to the terms and conditions of this Agreement, Marcas Modelo hereby grants, on behalf of itself and Grupo Modelo, to Constellation Beers an irrevocable, fully paid-up license or sub-license (as applicable) under the Licensed Patents (i) to make, have made (by Suppliers in accordance with this Agreement) and use Importer Products in the applicable Brewing Territory, and (ii) to sell (directly and/or indirectly), offer to sell, import and otherwise dispose of Interim Products and Importer Products in the Territory. The license rights granted in clause (i) of this Section 2.1(c) shall be non-exclusive and the license granted in clause (ii) of this Section 2.1(c) shall be exclusive solely in the Territory.
Licensed Patents. The provisions regarding BI Patents under this Section 13 affect those BI Patents which are licensed to BI only to such extent that BI has the right to act under this Section in accordance with the agreement with BI’s licensor. The provisions regarding Vitae Patents under this Section 13 affect those Vitae Patents which are licensed to Vitae only to such extent that Vitae has the right to act under this Section in accordance with the agreement with Vitae’s licensor.
Licensed Patents. Flexion shall at its sole cost and expense, using reputable patent and legal counsel of its own choosing, file, prosecute (including any interferences, reissue proceedings and re-examinations) and maintain the Licensed Patents in at least the List Two Countries (the “List Two Countries” are defined as those counties set out in Exhibit 2 to this Agreement). In the prosecution, maintenance, and defence of the Licensed Patents, Flexion shall always act in good faith and in the best interests of obtaining and maintaining a scope of claims providing sufficient exclusionary protection to commercialise Licensed Products or Compound.
Licensed Patents. Licensed Patents shall mean all patents and patent applications, together with any continuations or continuations in part thereof, and all patents issuing thereon including reissues, patents of addition, and any registration or confirmation patents corresponding thereto, that are now or hereafter owned or controlled by NCT or its Affiliates, to the extent such patents and patent applications relate to the Active Systems.
Licensed Patents. The Prosecution and Maintenance of the Licensed Patents shall be the primary responsibility of LICENSOR. LICENSOR shall utilize patent counsel that is acceptable to COMPANY for the Prosecution and Maintenance of the Licensed Patents.
Licensed Patents. Subject to the terms and conditions of this Agreement, CyDex hereby grants to Sage an exclusive, nontransferable (except as provided in Section 14.14) license during the Term under the Licensed Patents, solely to research, develop, make, have made, import, use, offer for sale and sell the Licensed Product in the Territory in and for the Field. Notwithstanding the foregoing, to the extent that any Licensed Patents are licensed to CyDex or its Affiliates by a Third Party on a non-exclusive basis, the license granted to Sage in the foregoing sentence shall be exclusive as to CyDex but non-exclusive as to such Third Party and other persons whose rights derive from such Third Party. Sage may not sublicense the Licensed Patents, except as expressly set forth in Section 2.3 and Section 2.4 below.
Licensed Patents. As used in the agreement, the phrase "
Licensed Patents. Subject to Sections 9.2.1(c) and 9.2.5, Licensor shall, using outside legal counsel reasonably acceptable to Licensee, diligently file, prosecute (including any interferences, reissue proceedings and re-examinations) and maintain the Licensed Patents in the Field in the Territory. Licensee and Licensor shall bear equally all reasonable costs and expenses of obtaining and maintaining the Licensed Patents listed on SCHEDULE 9.2.1 (the "SHARED COST PATENTS") during the Term, including reasonable fees and expenses paid to outside legal counsel and experts; PROVIDED, HOWEVER, that Licensee's share of such costs and expenses shall not exceed [REDACTED] in any Calendar Year (prorated for partial Calendar Years during the Term) and Licensor shall bear any such costs and expenses in excess thereof. Licensor shall bear all costs and expenses of obtaining and maintaining the Licensed Patents other than the Shared Cost Patents, including fees and expenses paid to outside legal counsel and experts. In this regard, Licensor shall (i) file, prosecute and maintain Patent applications to secure Patent rights for the Licensed Patents in the Territory and for the use of Licensed Products in the Field in the Territory (except to the extent that a Third Party licensor has retained the right to do so, in which case Licensor shall use commercially reasonable efforts to cause such Third Party licensor to do so), and such other patentable Licensed Know-How as Licensee may from time to time designate in writing, in each case in the Territory; and (ii) upon issuance, maintain such Patents in full force in the Territory. Licensor shall take such action in support of filing or prosecuting such Patent applications and maintaining such Patents (including pursuing or defending any interferences, reissue proceedings or re-examinations) as Licensee may from time to time request in writing.