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.