NOVEL PROCESS TECHNOLOGY definition
NOVEL PROCESS TECHNOLOGY means a method or process (including but not limited to a process for using or synthesizing a Material) that is (a) first developed in the Research Program, and (b) patented as determined by the United States Patent and Trademark Office or which ExxonMobil or its Designee elects to maintain as a trade secret. The Research Committee for the Project in which it was identified shall document a Novel Process Technology within * of its being made known to the Research Committee. Notwithstanding the foregoing, in the event that ExxonMobil or its Designee elects to file a Program Patent application in the U.S. with claims directed to a method or process first identified in the Research Program, said method or process shall be treated as a Novel Process Technology for purposes of this Agreement (unless and until the claims in such U.S. application, or any continuation or divisional thereof, directed to such method or process are finally determined to be unpatentable). In the event that a Program Patent is issued in the U.S. with claims directed to a Novel Process Technology first created in the Research Program and subsequently all such claims are finally determined to be unpatentable or invalid, such method or process shall not be treated as a Novel Process Technology for purposes of this Agreement on a going forward basis after the date of such final determination. In the event ExxonMobil or its Designee elects to maintain a method or process as a trade secret, and such method or process becomes available for use by members of the public without restriction, through no action or inaction on the part of ExxonMobil or its Affiliates, such method or process shall not be deemed Novel Process Technology after such time as it becomes available for use by members of the public without restriction.
NOVEL PROCESS TECHNOLOGY means a method or process (including a process for using or synthesizing a Material) that is (a) first developed in a Project, and (b) patented as determined by the United States Patent and Trademark Office, or which EMRE or EMCC elects to maintain as a trade secret. The Research Committee for the Project in which it was identified will document a Novel Process Technology within [ * ] of its being made known to the Research Committee. Notwithstanding the foregoing, if EMRE or EMCC elects to file a Project Patent application in the U.S. with claims directed to a method or process first identified in a Project, that method or process will be treated as a Novel Process Technology for purposes of this Agreement (unless and until the claims in such U.S. application, or any continuation or divisional thereof, directed to such method or process are finally determined to be unpatentable). If a Project Patent is issued in the U.S. with claims directed to a Novel Process Technology first created in a Project and subsequently all such claims are finally determined to be unpatentable or invalid, such method or process will not be treated as a Novel Process Technology for purposes of this Agreement on a going-forward basis after the date of such final determination. If EMRE or EMCC elects to maintain a method or process as a trade secret, and such method or process becomes available for use by members of the public without restriction, through no action or inaction on the part of E EMRE or EMCC or their Affiliates, such method or process will not be deemed Novel Process Technology after it becomes available for use by members of the public without restriction.