Deltagen Patent Rights definition

Deltagen Patent Rights means patents and/or patent applications owned by *** to Deltagen, as of the Effective Date or during the Access Term, which comprise (a) with respect to ***, any claims covering making, having made, using, selling, offering for sale, importing or otherwise commercializing *** or (b) with respect to a ***, any claim covering (i) ***, or uses thereof; or (ii) ***, or uses thereof; and including any divisions, continuations, re-issues, re-examinations, extensions or other governmental actions which extend any of the subject matter of such patent applications or patents; provided that Deltagen Patent Rights shall exclude the Excluded Patent Rights.
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Deltagen Patent Rights means (a) patents and/or patent applications owned by or licensed (with the right to grant (sub)licenses) to Deltagen, as of the Effective Date or during the term of this Agreement, which comprise (i) with respect to a Product, any claims covering making, having made, using, selling, offering for sale, importing or otherwise commercializing any Product, or (ii) with respect to a Target Gene, any claim covering (A) a Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. nucleic acid molecule, polynucleotide, oligonucleotide or nucleotide sequence comprising the sequence of a Target Gene (or its human ortholog) or Mutated Gene or any derivative thereof, (B) a protein, polypeptide or amino acid sequence comprising an expression product of a Target Gene (or its human ortholog) or Mutated Gene, or portion or fragment thereof, (C) a [*], (D) an [*] containing such [*], or (E) uses of any of the foregoing; and (b) any divisions, continuations, re-issues, re-examinations, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in subsection (a) above; provided that Deltagen Patent Rights shall exclude the Excluded Patent Rights.
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Deltagen Patent Rights means (a) patents and/or patent applications owned by or licensed to Deltagen during the Access Term to which Deltagen has the right to license or sublicense to Merck hereunder (and subject to all conditions and limitations on Deltagen’s right to so license or sublicense the same), including the patents and patent applications [ * ](which Schedule shall be provided to Merck at closing, and shall include, if reasonably available to Deltagen, (1) [ * ](2)[ * ] (3) [ * ] and (4) [ * ] and which Schedule shall be [ * ]), that claim (i) with respect to a [ * ], any such [ * ] and/or any [ * ] which contain within the [ * ] of any such [ * ] the corresponding [ * ], or uses thereof, and/or (ii) DeltaBase, or uses thereof; and (b) any divisions, continuations, re-issues, reexaminations, extensions or other governmental actions which extend any of the subject matter of such patent applications or patents. Notwithstanding the foregoing, all Excluded Patent Rights are expressly excluded from this definition of Deltagen Patent Rights.
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Examples of Deltagen Patent Rights in a sentence

  • Deltagen shall at its sole discretion and expense, have the sole right (but not the obligation) to prosecute, maintain, abandon and enforce any and all of the Deltagen Patent Rights as and to the extent solely Deltagen determines appropriate.

  • Except as expressly permitted hereby, Glaxo Wellcome shall not use, practice, modify, reproduce, distribute, or otherwise transfer or exploit any of the DeltaBase, the Deltagen Patent Rights, the Excluded Patent Rights, * * *, the Knockout Mice, * * * or any other intellectual property rights of Deltagen, in whole or in part.

  • In consideration of * * * to, challenge or contest or seek to invalidate or otherwise block any of the Deltagen Patent Rights or the issuance or enforcement of any patent or Valid Claim of the Deltagen Patent Rights.

  • In the event that Glaxo Wellcome becomes aware of a product or activity which it believes to infringe a Valid Claim of the Deltagen Patent Rights* * * but shall promptly advise Deltagen of all relevant facts and circumstances known to it in connection with such infringement.

  • As of the Effective Date, Deltagen is the owner or licensee of the Deltagen Patent Rights and, to Deltagen's best knowledge, has the right to grant the licenses thereunder contemplated hereby.

  • Notwithstanding anything to the contrary in this Agreement, Deltagen retains all of its right, title and interest in and to the Deltagen Patent Rights, the DeltaBase, the Excluded Patent Rights, * * *, the Knockout Mice, * * * and all other intellectual property rights of Deltagen, the * * * Glaxo Wellcome shall be limited to those expressly set forth in this Agreement, and no grants or licenses of rights to Glaxo Wellcome, its Research Partners or any Third Party shall be implied.

  • Deltagen shall * * * that is part of the Deltagen Patent Rights and covering a *** or a Knockout Mouse, *** provided hereunder.

  • At the point of registering a round, a maximum number of teams will be specified.13.

  • Deltagen shall notify Lexicon of any notice of infringement, claims, judgments or settlements against or owed by Deltagen, or any pending claims or litigation, known to Deltagen, relating to the applicable Deltagen Patent Rights which Deltagen believes will materially and adversely affect the rights and licenses granted Lexicon hereunder, subject to any obligations of confidentiality.

  • Subject to the terms and conditions of this Agreement (including, without limitation, Section 11.5 and the prompt payment of all fees due under this Article 4), Deltagen hereby grants to Glaxo Wellcome (a) the right to access and use the DeltaBase and use the Deltagen Proprietary Information, subject to the terms of this Agreement and for the purposes contemplated hereby, and (b) a non-exclusive world-wide license under Deltagen Patent Rights to ***.


More Definitions of Deltagen Patent Rights

Deltagen Patent Rights means patents and/or patent applications owned by or licensed (with the right to grant sub-licenses and subject to any limitations on such right to license or sub-license) to Deltagen, as of the Effective Date or during the Access Term, which comprise (a) with respect to ***, any claims covering making, having made, using, selling, offering for sale, importing or otherwise commercializing *** or (b) with respect to a ***, any claim covering (i) ***, or uses thereof; or (ii) ***, or uses thereof; and including any divisions, continuations, re-issues, re-examinations, extensions or other governmental actions which extend any of the subject matter of such patent applications or patents; provided that Deltagen Patent Rights shall exclude the Excluded Patent Rights.
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Related to Deltagen Patent Rights

  • Patent Rights means the rights and interests in and to issued patents and pending patent applications (which, for purposes of this Agreement, include certificates of invention, applications for certificates of invention and priority rights) in any country or region, including all provisional applications, substitutions, continuations, continuations-in-part, divisions, renewals, all letters patent granted thereon, and all reissues, re-examinations and extensions thereof, and all foreign counterparts of any of the foregoing.

  • Licensed Patent Rights means:

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Licensed Patents means (a) all United States patents and patent applications listed in Exhibit A, as modified pursuant to Section 2.6.1, including patents arising from such patent applications; and (b) any re-examination certificates thereof, and their foreign counterparts and extensions, continuations, divisionals, and re-issue applications; provided that “Licensed Patents” will not include any claim of a patent or patent application covering any Manufacturing Technology.

  • Licensee Patents means all Patents that (i) claim any inventions developed by or on behalf of Licensee in the Development, manufacture or Commercialization of any of the Products in the Field pursuant to this Agreement, or (ii) are Controlled by Licensee or its Affiliates during the Term and claim or cover any of the Products (including composition of matter, methods of manufacturing and methods of treatment or use).”

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Licensed Patent means Stanford's rights in U.S. Patent Application, Serial Number , filed , any foreign patent application corresponding thereto, and any divisional, continuation, or reexamination application, extension, and each patent that issues or reissues from any of these patent applications. Any claim of an unexpired Licensed Patent is presumed to be valid unless it has been held to be invalid by a final judgment of a court of competent jurisdiction from which no appeal can be or is taken. “Licensed Patent” excludes any continuation-in-part (CIP) patent application or patent.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

  • Regents' Patent Rights means REGENTS' rights in (a) the patent and patent applications expressly identified in Appendix C and their foreign counterparts;

  • Joint Patents has the meaning set forth in Section 8.1.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • Assigned Patent Rights means all of the following, whether now owned or hereafter acquired or arising:

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Valid Patent Claim means a claim of an issued and unexpired Patent which has not been disclaimed, revoked, held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise.

  • Licensed IP means the Licensed Patents and the Licensed Know-How.

  • Patent means (a) all patents and patent applications in any country or supranational jurisdiction in the Territory, (b) any substitutions, divisionals, continuations, continuations-in-part, provisional applications, reissues, renewals, registrations, confirmations, re-examinations, extensions, supplementary protection certificates and the like of any such patents or patent applications, and (c) foreign counterparts of any of the foregoing.

  • Licensed IP Rights means, collectively, the Licensed Patent Rights and the Licensed Know-How Rights.

  • Patent Applications means all published and unpublished nonprovisional and provisional patent applications, reexamination proceedings, invention disclosures and records of invention, applications for certificates of invention and priority rights, in any country and regardless of formal name, including without limitation, substitutions, continuations, continuations-in-part, divisions, renewals, revivals, reissues, re-examinations and extensions thereof.

  • Licensor Technology means the Licensor Patents and the Licensor Know-How.

  • Licensee Technology means the Licensee Know-How and Licensee Patents.

  • Third Party Technology means all Intellectual Property and products owned by third parties and licensed pursuant to Third Party Licenses.

  • Product Technology means the Product Know-How and Product Patents.

  • Joint IP means Joint Know-How and Joint Patents.