NOVEL MATERIAL definition

NOVEL MATERIAL means a Material that is (a) first synthesized or prepared in the Research Program [except where (i) ExxonMobil or an ExxonMobil Affiliate provides Symyx with the recipe for synthesizing or preparing such Material as set forth in definition of “ExxonMobil Proprietary Material” above and (ii) ExxonMobil or an ExxonMobil Affiliate has performed basic characterization of such Material as would be performed by one skilled in the art], and is (b) patented, as determined by the United States Patent and Trademark Office, together with methods of manufacturing the same. For the purposes of this Agreement, Public Domain Materials are not Novel Materials, unless a Public Domain Material is modified in the Research Program so as to become a Novel Material. In the event that a Program Patent is issued in the U.S. with claims directed to a Material first synthesized or prepared in the Research Program and subsequently all such claims are finally determined to be unpatentable or invalid, such Material shall not be treated as a Novel Material for purposes of this Agreement on a going forward basis after the date of such final determination.
NOVEL MATERIAL means a Material, together with methods of manufacturing the same that is (a) first synthesized or prepared in a Project except where (i) EMRE, EMCC or one of their Affiliates provides Symyx with the recipe for synthesizing or preparing such Material as set forth in definition of “ExxonMobil Proprietary Material” above and (ii) EMRE, EMCC or one of their Affiliates has performed basic characterization of such Material as would be performed by one skilled in the art, and is (b) patented, as determined by the United States Patent and Trademark Office. For the purposes of this Agreement, Public Domain Materials are not Novel Materials, unless a Public Domain Material is modified in a Project so as to become a Novel Material. If a Project Patent is issued in the U.S. with claims directed to a Material first synthesized or prepared in a Project and subsequently all such claims are finally determined to be unpatentable or invalid, such Material will not be treated as a Novel Material for purposes of this Agreement on a going-forward basis after the date of such final determination.

Examples of NOVEL MATERIAL in a sentence

  • DEVELOPMENT OF A NOVEL MATERIAL TESTING METHOD FOR SIMULATION OF BIOMEDICAL MATERIALSJan C Roggenkamp, Yara Safi, Thomas Schmitz-Rode, Ulrich Steinseifer.Applied Medical Engineering, RWTH Aachen University, NRW, DE.

Related to NOVEL MATERIAL

  • Biological Material means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system;

  • Fill material means material deposited in accordance with these specifications from any of the classes specified in order to build up an earthworks construction to formation level as shown on the Drawings or as ordered by the Project Manager. The Contractor shall obtain the fill material from a source approved by the Project Manager.

  • Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.

  • Biological Materials means certain tangible biological materials that are necessary for the effective exercise of the Patent Rights, which materials are described on Exhibit A, as well as tangible materials that are routinely produced through use of the original materials, including, for example, any progeny derived from a cell line, monoclonal antibodies produced by hybridoma cells, DNA or RNA replicated from isolated DNA or RNA, recombinant proteins produced through use of isolated DNA or RNA, and substances routinely purified from a source material included in the original materials (such as recombinant proteins isolated from a cell extract or supernatant by non-proprietary affinity purification methods). These Biological Materials shall be listed on Exhibit A, which will be periodically amended to include any additional Biological Materials that Medical School may furnish to Company.

  • Promotional Material means any communication that relates to the Company or its services made to or directed at, or that relates in any way to the solicitation of a Prospective Customer or a transaction in an Existing Customer’s trading account. Promotional Material includes, but is not limited to, published written texts, training materials, advertisements, market analysis, research reports, correspondence to Existing Customers or Prospective Customers, newsletters and generally anything written that assists in the solicitation process.

  • Input Material means all documents, information, representations, statements and materials provided by Customer or a third party on behalf of Customer, relating to the Services, including computer programs, data, logos, reports and specifications and inventories.

  • Promotional Materials means all written, printed, graphic, electronic, audio or video presentations of information, including journal advertisements, sales visual aids, formulary binders, reprints, direct mail, direct-to-consumer advertising, disease awareness materials, internet postings, broadcast advertisements and sales reminder aides (for example, note pads, pens and other such items, if appropriate) intended for use or used by or on behalf of a Party, its Affiliates or its sublicensees in connection with the Commercialization of a Product in the Territory.

  • Manufacturing Materials means parts, tools, dies, jigs, fixtures, plans, drawings, and information produced or acquired, or rights acquired, specifically to fulfill obligations set forth herein.

  • IP Materials has the meaning given to it in clause E8.1 (Intellectual Property Rights).

  • Produced Material means records, software and other material, whether complete or not, that, as a result of this Agreement, are produced or provided by the Contractor or a Subcontractor and includes the Incorporated Material;

  • Marketing Materials has the meaning ascribed thereto in NI 41-101;

  • Licensed Materials means any materials that Executive utilizes for the benefit of the Company (or any Subsidiary thereof), or delivers to the Company or the Company’s Customers, which (a) do not constitute Work Product, (b) are created by Executive or of which Executive is otherwise in lawful possession and (c) Executive may lawfully utilize for the benefit of, or distribute to, the Company or the Company’s Customers.

  • Marketing Material means customary bank books (including a customary “public” and “private side” version), information or offering memoranda, rating agency presentations and other information packages regarding the business, operations and financial condition and prospects of the Assets and Assumed Liabilities, including all information relating to the transactions contemplated hereunder.

  • SAP Materials means any software, programs, tools, systems, data, or other materials made available by SAP or any other member of the SAP Group to Partner or to an End User (either directly or indirectly via Partner) prior to or in the course of the performance under any part of this Agreement including, but not limited to, the other SAP Products.

  • GOODS / MATERIALS means any of the articles, materials, machinery, equipments, supplies, drawing, data and other property and all services including but not limited to design, delivery, installation, inspection, testing and commissioning specified or required to complete the order.

  • Developed Materials means Materials created, made, or developed by Contractor or Subcontractors, either solely or jointly with the Judicial Branch Entities or JBE Contractors, in the course of providing the Work under this Agreement, and all Intellectual Property Rights therein and thereto, including, without limitation, (i) all work-in-process, data or information, (ii) all modifications, enhancements and derivative works made to Contractor Materials, and (iii) all Deliverables; provided, however, that Developed Materials do not include Contractor Materials.

  • Confidential Material means all information, in any form or medium, known or used by City or an Affiliate of the City which is not known to the general public, including, but not limited to, the know-how, trade secrets, strategic plans, technical information, product information, supplier information, customer information, financial information, marketing information and information as to business opportunities, methods and strategies and research and development of the City and its Affiliates. If and to the extent any Confidential Material is included in any report, assessment, diagram, memorandum or other document or copied or reproduced in any other form or medium, such report, assessment, diagram, memorandum, document or Confidential Material in such other form or medium will be deemed to be Confidential Material.

  • Original Material means a material provided by one of the Parties and used in the Research Project.

  • Product Information has the meaning specified in Section 10.12(a).

  • Fissile material means the radionuclides uranium-233, uranium-235, plutonium-239, and plutonium-241, or any combination of these radionuclides. "Fissile material" means the fissile nuclides themselves, not material containing fissile nuclides. Unirradiated natural uranium and depleted uranium and natural uranium or depleted uranium, that has been irradiated in thermal reactors only, are not included in this definition. Certain exclusions from fissile material controls are provided in 10 CFR 71.15.

  • Confidential Materials means all tangible materials containing Confidential Information, including without limitation written or printed documents and computer disks or tapes, whether machine or user readable.

  • Third Party Material means software, software development tools, methodologies, ideas, methods, processes, concepts and techniques owned by, or licensed to a third party and used by the Service Provider in the performance of the Services;

  • Course Materials means lectures, exercises designed for online collaboration, multimedia developed for Web distribution, notes, outlines, syllabi, bibliographies, tests, instructional handouts, videotaped presentations and any like materials and documents (whether in electronic or other medium) that a member of the bargaining unit authors or creates in connection with the preparation or teaching of a course at a University.

  • Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.

  • Byproduct material means any radioactive material (except Special Nuclear Material) yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or utilizing Special Nuclear Material.

  • Output Material means any Documents or other materials, and any data or other information provided by the Supplier relating to the Specified Service;