Subsisting Claim definition
Subsisting Claim means and is limited to any valid claim of a validly issued unexpired and non-lapsed Project Patent which has not been held permanently revoked, unenforceable or invalid in a judgment or decree which becomes not further appealable or reviewable through the exhaustion of all permissible applications for appeal, rehearing or review by any superior court or tribunal or through the expiration of time permitted for such applications, (which judgment or decree has not been admitted to be invalid or unenforceable through reissue or disclaimer or otherwise). If there should be two or more decisions within the same country which are conflicting with respect to the invalidity of the same claim, the decision of the highest tribunal will thereafter control. However should the tribunals be of equal authority, then the decision or decisions holding the claim valid will prevail where the conflicting decisions are equal in number and the majority of decisions will prevail where the conflicting decisions are not equal in number. Where a Project Patent has been issued in a country other than Australia without a separate and independent examination by the relevant authorities of that country that patent will be deemed to have a scope equivalent to the scope of the claims of any corresponding Australian Patent which has had examination in Australia.
Subsisting Claim means and is limited to any valid claim of a validly issued unexpired and non-lapsed Licensed Patent which is not the subject of opposition, challenge, cancellation or interference proceedings or the subject of infringement. Where a Licensed Patent has been issued in a country other than Australia without a separate and independent examination by the relevant authorities of that country that patent will be deemed to have a scope equivalent to the scope of the claims of any corresponding Australian Patent which has had examination in Australia.
Subsisting Claim means and is limited to any valid claim of a validly issued, unexpired and non-lapsed patent included in the Licensed Patent Rights which is not the subject of an interference, opposition, cancellation or re-examination proceeding.
Examples of Subsisting Claim in a sentence
Unless otherwise renewed or terminated as provided in Section 10.2 below, this Agreement shall commence on the Effective Date and shall continue for so long as there exists a Subsisting Claim in any of the Licensed Patents or the Licensed Software is included in a Licensed Product.
More Definitions of Subsisting Claim
Subsisting Claim means any patent claim of FAS Patent Rights or any patent claim of any reissue or extension of FAS Patent Rights, which patent claim has not expired or lapsed, or which patent claim bas not been abandoned, cancelled, disclaimed, awarded to another in an interference proceeding, declared invalid by a court of competent jurisdiction in a final judgment from which no appeal was timely taken and prosecuted to conclusion, or otherwise rendered unenforceable. A Subsisting Claim within this Agreement shall be deemed to have existence only within the area over which that country issuing the patent containing the claim exercises jurisdiction.
Subsisting Claim means any claim under a Licensed Patent required to practice the invention covered thereby, which claim has not expired or lapsed, or been abandoned, canceled, disclaimed, awarded to another party in an interference proceeding, or declared invalid by a court of competent jurisdiction in a Final Adjudication.