THE PATENTS. 4.1. During the life of this Agreement Licensor in its sole discretion shall decide what steps shall be taken to obtain patents that have been applied for and to maintain the patents already granted. All costs connected with the maintenance and issuance of patents shall be paid by Licensor.
THE PATENTS. The original patent application, any patents resulting from said original patent application either directly or indirectly, and any other patent applications or patents granted on The Inventions will be referred to herein as "The Patents".
THE PATENTS. We have assumed in this agreement that the inventor does not wish to become involved in the expense and time of a patent application. Instead, he is happy to allow the buyer to apply at his own ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
THE PATENTS. 14.1 DISTRIBUTOR agrees that any Products distributed, promoted, marketed and sold by it will be marked with a notice of patent rights to be provided in due time by HHC, if necessary or required by applicable law to enable the Patents to be enforced to the maximum degree.
THE PATENTS. 8.1 The Licensor or the Licensee (as the case may be) shall at the other's written request and cost execute a license in such terms as may be required by or permissible under the relevant Law (but substantially as far as possible in the form set out in schedule 2) in respect of the Patents for registration by the other (and at the other's costs) at the relevant Patent Offices in the Territory so that this present Agreement shall not in any circumstances be registered or recorded unless the parties are required by law so to do. If there shall be any inconsistencies between the terms of any such formal license and the provisions of this Agreement the latter shall prevail.
THE PATENTS. PATENTS -------------------------------------------------------------------------------- CASE FILING DATE FILING NO. G R A N T I N G NO. OF THE EXPIRY DATE DATE GRANTED PATENT S 34 05/11/1981 262,123 07/27/1982 4,341,785 05/11/2001 S 50 04/26/1985 727,521 12/10/1985 4,557,866 04/26/2005 S 73 06/28/1993 083,453 10/04/1994 5,352,679 06/28/2013 Case S 34 (product patent): IMIDAZO-RIFAMYCIN DERIVATIVES WITH ANTIBACTERIAL UTILITY Case S 50 (processing patent) : PROCESS FOR THE SYNTHESIS OF PYRIDO-IMIDAZO RIFAMYCINS Case S 73 (patent for therapeutical use) : USE OF RIFAXIMIN AND PHARMACEUTICAL FORMULATIONS CONTAINING IT IN THE TREATMENT OF GASTRIC DYSPEPSIA CAUSED BY HELICOBACTER PYLORI. ALL AS FILED FOR THE TERRITORY. -------------------------------
THE PATENTS. The Seller is the owner of the Patents and has not granted, and there are no outstanding, any options, licenses, or agreements of any kind relating to the Patents. The Seller is not, and the Purchaser as a result of this transaction will not become, subject to any obligation to pay any royalties or other similar obligation to third parties with respect to the marketing, sale or distribution, manufacture, license, or use of any products in connection with the Business or the use of any of the Assets. To the best of Sellers knowledge, the Business has not infringed on the rights of any third party and Seller has not received any communication alleging that Seller or its predecessors have infringed or, by conducting the Business has infringed, any of the rights of any third party. Seller has not filed any patent application or made any filings with the USPTO which is not disclosed in Exhibit A.
THE PATENTS. 1.1.9.2 the Know-How;
THE PATENTS. 13.1. LICENSEE shall mark, and shall cause its Affiliates and permitted sublicensees to mark, any Product Commercialized by it with a notice of patent rights or indicia as necessary or desirable under applicable law to enable the Patents to be enforced to the maximum extent permissible under applicable laws.
THE PATENTS. 3.2 In accordance with and subject to the provisions of this Agreement, SB in addition agrees to sell to the extent it has the right to sell and without any guarantee as to or warranty in respect of title, and where necessary to procure the sale on the same basis by the relevant Affiliate of SB and ICN agrees to purchase with effect from the Completion Date the following: