Common use of Patents and Patent Applications Clause in Contracts

Patents and Patent Applications. To the Company’s knowledge, all patents and patent applications owned by or licensed to the Company or under which the Company has rights have been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 13 contracts

Samples: Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (Brickell Biotech, Inc.), Underwriting Agreement (BioNano Genomics, Inc)

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Patents and Patent Applications. To the Company’s knowledge, all All patents and patent applications owned by or licensed to the Company or under which the Company has rights have have, to the knowledge of the Company, been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 12 contracts

Samples: Underwriting Agreement (Digirad Corp), Underwriting Agreement (One Stop Systems Inc), Underwriting Agreement (SenesTech, Inc.)

Patents and Patent Applications. To the Company’s knowledge, all All patents and patent applications owned by or licensed to the Company or under which the Company has rights have have, to the knowledge of the Company, been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to would preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 10 contracts

Samples: Sales Agreement (Blueprint Medicines Corp), Underwriting Agreement (Sage Therapeutics, Inc.), Sales Agreement (Zafgen, Inc.)

Patents and Patent Applications. To the Company’s knowledge, all All patents and patent applications owned by or licensed to the Company or under which the Company has rights have have, to the knowledge of the Company, been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to would preclude the grant of a patent in connection with any such application or could would reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 9 contracts

Samples: Underwriting Agreement (Karyopharm Therapeutics Inc.), Underwriting Agreement (Karyopharm Therapeutics Inc.), Underwriting Agreement (Carbylan Therapeutics, Inc.)

Patents and Patent Applications. To All patents and patent applications owned by, or licensed to the Company, have, to the Company’s knowledge, all patents and patent applications owned by or licensed to the Company or under which the Company has rights have been duly and properly filed and maintained; to the knowledge of the Company’s knowledge, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO U.S. Patent and Trademark Office (the “USPTO”) in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to would preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Cosmos Holdings Inc.), Underwriting Agreement (Equillium, Inc.), Underwriting Agreement (Equillium, Inc.)

Patents and Patent Applications. To the Company’s knowledge, all All patents and patent applications owned by or exclusively licensed to the Company or under which have, to the Company has rights have knowledge of the Company, been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to would (A) preclude the grant of a patent in connection with any such application or could (B) reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 3 contracts

Samples: Underwriting Agreement (Exagen Inc.), Underwriting Agreement (Exagen Inc.), Underwriting Agreement (Exagen Diagnostics Inc)

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Patents and Patent Applications. To the Company’s knowledge, all All patents and patent applications owned by or licensed to the Company or under which the Company has rights have have, to the knowledge of the Company, been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such patent applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to would preclude the grant of a patent in connection with any such application or could would reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 2 contracts

Samples: Underwriting Agreement (Arqule Inc), Underwriting Agreement (Arqule Inc)

Patents and Patent Applications. To the Company’s knowledge, all All patents and patent applications (i) owned by the Company or (ii) licensed to the Company or pursuant to agreements under which the Company has rights to control prosecution of such patents and patent applications have been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to would preclude the grant of a patent in connection with any such application or could reasonably would be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 1 contract

Samples: Sales Agreement (MyoKardia Inc)

Patents and Patent Applications. To the Company’s knowledge, all All patents and patent applications owned by or licensed to the Company or its subsidiary or under which the Company or its subsidiary has rights have have, to the knowledge of the Company, been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company nor its subsidiary is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to would preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

Appears in 1 contract

Samples: Underwriting Agreement (Sage Therapeutics, Inc.)

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