Ocera Non-Exclusive Patents definition

Ocera Non-Exclusive Patents means, subject to any rights granted to a Third Party pursuant to a Prior Third Party Agreement as of the Effective Date of this Agreement, all Patents owned or Controlled by Ocera or its Affiliates (a) as of the Effective Date or (b) during the term of this Agreement (subject to Section 13.4), that (i) arise under a Prior Third Party Agreement (to the extent permitted under the applicable Prior Third Party Agreement) or (ii) claim, describe or otherwise relate to Excluded Compounds, in all cases under clauses (a) and (b), provided that such Patents are necessary or useful to make, use, offer for sale, sell and/or import Compounds and Products in the Field in the Territory; provided, however, the Ocera Non-Exclusive Patents exclude the Ocera Exclusive Patents.
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Examples of Ocera Non-Exclusive Patents in a sentence

  • Notwithstanding anything to the contrary in this Agreement, Ocera shall have no obligation to disclose to Licensee the existence or scope of any Ocera Non-Exclusive Patents or Ocera Exclusive Know-How, other than what is disclosed in the Exhibits to this Agreement or is disclosed as part of the Technology transfer under Section 2.2.

  • Ocera and its Affiliates hereby grant to Licensee a fully-paid up, irrevocable (in accordance with Section 4.1(c)), perpetual, sublicensable (in accordance with Section 4.1(b)) license that is (i) exclusive (even as to Ocera and its Affiliates) under the Ocera Exclusive Patents and Ocera Exclusive Know-How and (ii) non-exclusive under the Ocera Non-Exclusive Patents, in all cases, to make, use, offer for sale, sell and import Compounds and Products in the Field in the Territory.

  • Subject to Section 6.2(d), as between the Parties, Ocera shall, at its sole discretion and expense, have the right (but not the obligation) to Prosecute and Maintain any or all Patents within the Ocera Non-Exclusive Patents (on a case by case basis).

Related to Ocera Non-Exclusive Patents

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

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

  • 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).”

  • 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.

  • 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.

  • 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 Patents has the meaning set forth in Section 8.1.

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

  • Licensed Patent Rights means:

  • 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.

  • 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.

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

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

  • Patent License Agreement means the Patent License Agreement attached hereto as Exhibit H.

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

  • Patent License means any written agreement granting any right with respect to any invention on which a Patent is in existence or a Patent application is pending, in which agreement Borrower now holds or hereafter acquires any interest.

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

  • Exclusive License has the meaning set forth in Section 3.1.

  • Collaboration IP means Collaboration Know-How and Collaboration Patents.

  • 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 IP means Joint Know-How and Joint Patents.

  • 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.

  • Patent Application means an application for patent protection for a CRADA Subject Invention with the United States Patent and Trademark Office (“U.S.P.T.O.”) or the corresponding patent-issuing authority of another nation.

  • Patent Costs means the reasonable fees and expenses paid to outside legal counsel, and filing, maintenance and other reasonable out-of-pocket expenses paid to Third Parties, incurred in connection with the Prosecution and Maintenance of Patent Rights.

  • 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.