Necessary Patent Claims definition

Necessary Patent Claims means claims of a patent or patent application, other than design patents and design registrations, issued or filed in any country, to which Contractor or its Affiliates has the right to grant licenses in accordance with the terms and conditions of this Attachment A at any time during the term of the Agreement, and which are necessarily infringed by any Compliant Portion. Necessary Patent Claims do not include any claims (i) other than those set forth above even if contained in the same patent or patent application as Necessary Patent Claims; (ii) that read solely on (1) any implementation of any portion of the Ratified Specification that is not a Compliant Portion, or (2) any Compliant Portion that is not within the bounds of the Scope; or (iii) that it is possible to avoid infringing because there is a commercially plausible non-infringing alternative for implementing such portions of the Ratified Specification.
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Necessary Patent Claims means claims of a patent or a pending patent application, other than design patents and design registrations, issued or filed in any country which a Member or an Affiliate of a Member has the right, at any time during the term of the Agreement, to grant licenses and which (if issued) would be infringed by Conformance Implementations directed to purposes within the Scope, but not including or extending to claims that (a) if licensed, would require a payment of royalties or other consideration by the Member or an Affiliate of the Member to an unaffiliated third party or (b) would not (if issued) be infringed by Conformance Implementations directed to purposes within the Scope if the applicable Specification did not incorporate by reference into such Specification published specification(s) developed outside of the Project. Necessary Patent Claims do not include any claims other than those set forth above, even if contained in the same patent as Necessary Patent Claims. For purposes of this Agreement, provisional patents and other such applications will be deemed to be pending patent applications.
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Necessary Patent Claims means those claims of all patents, other than design patents and design registrations, throughout the world entitled to an effective filing date prior to the Filing Date Cutoff, which are necessarily infringed by: (i) an implementation of a Final Specification which cannot be avoided by another commercially reasonable non-infringing implementation of such Final Specification; or (ii) an implementation of any example included in the Final Specification.
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Examples of Necessary Patent Claims 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 expiration of each Exclusion Period, each Member shall submit either a RAND License Certificate, a Reciprocal License Certificate or an Exclusion Certificate with respect to any Necessary Patent Claims owned or controlled by such Member or an Affiliate of such Member.

  • 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.

  • Any attempt to exclude any such undisclosed Necessary Patent Claim(s) is ineffective and null and void.

  • 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 Claims

Necessary Patent Claims means claims of a patent or patent application, other than design patents and design registrations, issued or filed in any country which a Member or its Affiliates has the right to grant licenses, at any time during the term of the Agreement, and which are necessarily infringed by all fully compliant implementations of a Ratified Specification and all subsequent specifications to the extent that the subsequent specifications incorporate that Ratified Specification. Necessary Patent Claims do not include any claims (i) other than those set forth above even if contained in the same patent as Necessary Patent Claims; (ii) that read solely on any implementations of any portion of the Ratified Specification that are not within the bounds of the Scope; (iii) that it is possible to avoid infringing because there is a commercially plausible non-infringing alternative for implementing such portions of the Ratified Specification or (iv) that, if licensed, would require a payment of royalties by the licensor to unaffiliated third parties.
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Necessary Patent Claims means those claims of all issued patents (or applications) throughout the world, that a Member or a non-Member, as applicable, owns or has a right to, and that: (a) cover or directly relate to one or more of the Proposed Specifications and/or the Adopted Functional Technical Specifications, as applicable; and (b) reasonably might be necessarily infringed by a Compliant Implementation of any Proposed Functional Technical Specifications, if approved as Adopted Functional Technical Specifications, and/or Adopted Functional Technical Specifications, as applicable, where such infringement could not have been avoided by another commercially reasonable non infringing Compliant Implementation of such Proposed Functional Technical Specifications and/or Adopted Functional Technical Specifications, as applicable, and such infringement is necessary to meet the implementation requirements of the Proposed Specifications and/or Adopted Functional Technical Specifications, as applicable. If a Member asserts that any claim is not a Necessary Patent Claim on the basis that there is a commercially reasonable alternative to the infringing implementation of the Adopted Functional Technical Specifications, such Member shall provide the Advisories and Founding Member Board with sufficient documentation evidencing the availability of such a commercially reasonable
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Necessary Patent Claims means any patent claim(s), now owned, controlled, or hereafter acquired by Licensor in any patent that Licensor has the right to license, that would be infringed, but for the license granted in Section 2.2, by the making, using, selling, or importation of processes or products that implement specific features or teachings of Specification, but excluding any claims covering subject matter that is not set forth or specifically described in the Specification.
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Related to Necessary Patent Claims

  • 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.

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

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

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

  • Licensed Patent Rights means:

  • 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.

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

  • 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.

  • 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.

  • 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.

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • 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.

  • 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.

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

  • 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 Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

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

  • Transferred Patents means those Patents identified on Schedule 1.01(g).

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

  • Third Party Infringement Claim has the meaning set forth in Section 5.4.

  • 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.

  • 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.

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