Necessary Patent definition

Necessary Patent means:
Necessary Patent has the meaning provided in Section 6.7.1.
Necessary Patent means a Patent of a Third Party that would, in Pfizer’s good faith reasonable opinion, be infringed by the Development, Manufacture, Commercialization, or use of a Licensed Product in the form such Licensed Product exists at the time that the Third Party license agreement is executed.

Examples of Necessary Patent in a sentence

  • Each Member agrees to grant a Reciprocal License under any of its Necessary Patent Claims not excluded in accordance with the following sections for any Ratified Specification on the date of Ratification in reciprocity to all other Members that also grant a Reciprocal License to Member.

  • Prior to the end of the relevant Exclusion Period following a Call for Patents, or in the case of new Project Members prior to the deadline specified in Section III.E.3, a Member shall submit a RAND License Certificate, Reciprocal License Certificate or an Exclusion Certificate with respect to the disclosed Necessary Patent Claim.

  • An Exclusion Certificate effectively excludes a Necessary Patent Claim whether or not the Certificate includes specific license terms under which the Member is willing to license the Necessary Patent Claim.

  • A Member who does not comply with the disclosure obligations set forth in this section automatically grants the Reciprocal License for any Necessary Patent Claim(s) that the Member failed to disclose.

  • After such period any non-excluded Necessary Patent Claims that shall be deemed to be licensed under the Reciprocal License.

  • However, under no circumstances can a Member exclude its Necessary Patent Claims with respect to a Contribution that was submitted by such Member.

  • At any time during the creation of a Draft Specification or during the Ratification Period for a Final Draft any Member may choose to issue an IP Disclosure Certificate accompanied by a signed certificate (“Reciprocal License Certificate”) certifying Member’s grant of the Reciprocal License for disclosed Necessary Patent Claims for, or expected to be for, a Final Draft.

  • Prior to the date on which the Specification to which a Member’s disclosure relates is made public, Members and Si2 shall not make public the content of any Member’s disclosure regarding its Necessary Patent Claim(s) outside of Project; provided that nothing in this Section II.A.6 shall be construed as a limitation on any Member’s retained rights to use and disclose its own contributed technology.

  • If any Representative of a Member organization has actual personal knowledge of Necessary Patent Claims owned or controlled by that Member or an Affiliate of that Member with respect to that Member’s Contribution, the Representative of such Member must disclose those known Necessary Patent Claims along with the submission of the Contribution in accordance with Section II.C herein.

  • Such Reciprocal License is granted whether or not the licensor or licensee Member ever had any knowledge of the existence of such Necessary Patent Claims.


More Definitions of Necessary Patent

Necessary Patent means, with respect to a particular Product sold in a country, a valid patent claim of an issued, unexpired patent in that country [***] and that would, absent a license from the unrelated Third Party under such valid patent claim, be infringed [***]. As used in this Section 6.7.2(b), (X) “infringed” [***]; and (Y) “valid patent claim” shall have the meaning set forth in Section 1.59, [***] rather than the Patent Rights identified in Section 1.59. As used herein, it is understood that if any Antibody Patents are licensed from an entity, then any Necessary Patents also licensed from such entity and its Affiliates shall be deemed to be Antibody Patents for purposes of Section 6.7.2(a) above.
Necessary Patent means, with respect to a Genentech Product, a Valid Claim under a Third Party Patent for which Genentech (or its Affiliates or sublicensees) reasonably and in good faith determines it must obtain a license or other grant of right in order for Genentech (or its Affiliates or sublicensees) to manufacture, use, sell, distribute, import, or otherwise exploit such Genentech Product, and with respect to a Renovis Product, a Valid Claim under a Third Party Patent for which Renovis (or its Affiliates or sublicensees) reasonably and in good faith determines it must obtain a license or other grant of right in order for Renovis (or its Affiliates or sublicensees) to manufacture, use, sell, distribute, import, or otherwise exploit such Renovis Product.
Necessary Patent has the meaning set forth in Exhibit A.
Necessary Patent means any Patent owned or controlled by any third party (other than any of the Buyer Parties) that, absent a license thereto or immunity (including any sublicense or covenant not to sxx) therefrom, would be infringed by [***] a Milestone Product [***] for which Regulatory Approval [***] has been obtained and for which a Milestone Payment is owed under this Agreement. [***]. [***]
Necessary Patent means any issued Patent owned or controlled by any third party that claims the composition of matter of a Compound (which for clarity does not include any additional composition that is conjugated to, engineered into or otherwise added to the Compound after the date hereof) contained in any Milestone Product and, absent a license thereto or immunity therefrom, would be infringed by the use, manufacture, offer for sale, sale, importation, commercialization or other exploitation of the composition of matter of any Compound contained in any Milestone Product, but excluding any Patent licensed to the Acquired Companies prior to the date hereof.
Necessary Patent means a Patent that cannot be avoided by a substitute, commercially reasonable exploitation of a version of the Bus Standard as it was Cleared. Included for instance are Patents that cover any example in the Handbook, insofar as a skilled person would understand a good or service to be indicated there in sufficient detail.

Related to Necessary Patent

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

  • 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.

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

  • Licensed Patent Rights means:

  • 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 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.

  • 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.

  • 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.

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

  • 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.

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

  • 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.

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

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

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

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

  • Infringement has the meaning set forth in Section 6.3(a).

  • Product Infringement has the meaning set forth in Section 9.4(a).

  • 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).”

  • Patents means all patents, patent applications and like protections including without limitation improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same.

  • Company Licensed IP means all Intellectual Property rights owned or purported to be owned by a third party and licensed to the Company or any Company Subsidiary or to which the Company or any Company Subsidiary otherwise has a right to use.

  • Company Licensed Intellectual Property means Intellectual Property Rights owned by any Person (other than a Group Company) that is licensed to any Group Company.

  • Product Trademark means (a) any trademark or trade name, whether or not registered, or any trademark application, renewal, extension or modification thereto, in the Territory, or any trade dress and packaging, that is applied to or used with Products by Xxxxxx and (b) all goodwill associated therewith, and any promotional materials relating thereto.

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

  • 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.