Common use of Patents and Patent Applications Clause in Contracts

Patents and Patent Applications. All material patents and patent applications owned by the Company or its subsidiaries have been duly and properly filed and each issued patent owned by, or to the knowledge of the Company, exclusively licensed to the Company is being diligently maintained; to the knowledge of the Company, the parties prosecuting such applications have complied in all material respects with their duty of candor and disclosure to the 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 would preclude the grant of a material patent in connection with any such application or would reasonably be expected to form the basis of a finding of invalidity with respect to any material patents that have been issued with respect to such applications.

Appears in 5 contracts

Samples: Underwriting Agreement (Addex Therapeutics Ltd.), Underwriting Agreement (ObsEva SA), Sales Agreement (ObsEva SA)

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Patents and Patent Applications. All material patents and patent applications owned by or licensed to the Company or its subsidiaries have been duly and properly filed and each issued patent owned byunder which the Company has rights have, or to the knowledge of the Company, exclusively licensed been duly and properly filed and maintained, except where the failure to do so would not, singly or in the Company is being diligently maintainedaggregate, reasonably be expected to result in a Material Adverse Effect; to the knowledge of the Company, the parties prosecuting such applications have complied in all material respects with their duty of candor and disclosure to the U.S. Patent and Trademark Office (the “USPTO”) 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 would preclude the grant of a material patent in connection with any such application or would reasonably be expected to form the basis of a finding of invalidity with respect to any material patents that have been issued with respect to such applications.

Appears in 4 contracts

Samples: Purchase Agreement (Paratek Pharmaceuticals, Inc.), Underwriting Agreement (Paratek Pharmaceuticals, Inc.), Underwriting Agreement (Paratek Pharmaceuticals, Inc.)

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

Appears in 2 contracts

Samples: Terms Agreement (Bluebird Bio, Inc.), Bluebird Bio, Inc.

Patents and Patent Applications. All material patents and patent applications owned by or licensed to the Company or its subsidiaries have been duly and properly filed and each issued patent owned byunder which the Company has rights have, or to the knowledge of the Company, exclusively licensed been duly and properly filed and maintained, except where the failure to do so would not, singly or in the Company is being diligently maintainedaggregate, have a Material Adverse Effect; to the knowledge of the Company, the parties prosecuting such applications have complied in all material respects with their duty of candor and disclosure to the 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 would preclude the grant of a material patent in connection with any such application or would reasonably be expected to form the basis of a finding of invalidity with respect to any material patents that have been issued with respect to such applications.

Appears in 1 contract

Samples: Securities Purchase Agreement (Trillium Therapeutics Inc.)

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Patents and Patent Applications. All material patents and patent applications owned by or licensed to the Company or its subsidiaries have been duly and properly filed and each issued patent owned byunder which the Company has rights have, or to the knowledge of the Company, exclusively licensed been duly and properly filed and maintained, except where the failure to do so would not, singly or in the Company is being diligently maintainedaggregate, have a Material Adverse Effect; to the knowledge of the Company, the parties prosecuting such applications have complied in all material respects with their duty of candor and disclosure to the 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 would preclude the grant of a material patent in connection with any such application or would reasonably be expected to form the basis of a finding of invalidity with respect to any material patents that have been issued with respect to such applications.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cardiff Oncology, Inc.)

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