Effective Filing Date Sample Clauses

Effective Filing Date. The ’882 patent claims priority as a continuation-in-part (“CIP”) to application no. 13/679,689 (“the ’689 application”), which issued as the ’410 patent, and claims priority to provisional patent application no. 62/802,289 filed on June 16, 2015. Ex. 1001, code (63); Ex. 1003, 810. Petitioner argues that “[t]he ’882 Patent has priority to no earlier than June 16, 2015,” because “the ’689 Application fails to provide written-description support for the Challenged Claims.” Pet. 5. Petitioner argues that the ’689 application does not provide support for the switch gear recitations of independent claims 1 and 8 or the transformer recitations of dependent claims 2, 3, 6, and 11. Id. at 6. Xxxxxxxxxx also argues that “the ’882 Patent is not a proper CIP, as it does not share any common inventors with the ’689 Application.” Id. at 6. Patent Owner does not contest Petitioner’s arguments, but “reserves the right to present evidence of an earlier priority date for claims of the ’882 Patent if this IPR is instituted.” Prelim. Resp. 8. In order to claim priority to an early-filed U.S. patent application, the earlier-filed application must disclose the invention claimed in the later-filed application “in the manner provided by section 112(a) (other than the requirement to disclose the best mode)” and the later-filed application must “name[] an inventor or joint inventor in the previously filed application.” 35 U.S.C. § 120. For the reasons discussed below, we agree with Petitioner that, on this preliminary record, the ’882 patent is not entitled to claim priority to the filing date of the ’689 application.
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Effective Filing Date. First Effective Filing Date" means the earliest effective filing date in the particular country for any Patent or any Patent application. By way of example, it is understood that the First Effective Filing Date for a United States Patent is the earliest of: (i) the actual filing date of the United States Patent application which issued into such Patent; (ii) the priority date under 35 U.S.C. (S)119 for such Patent; and (iii) the priority date under 35 U.S.C. (S)120 for such Patent.
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Related to Effective Filing Date

  • Filing Date The 90th day after the delivery of a Shelf Notice as required pursuant to Section 2(c) hereof; provided, however, that if the Filing Date would otherwise fall on a day that is not a Business Day, then the Filing Date shall be the next succeeding Business Day. Finance Co.: See the introductory paragraphs hereto. FINRA: See Section 5(s) hereof.

  • Effectiveness; Term This Agreement will be effective and binding as of the date first above written immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the

  • Effectiveness of Merger Upon the consummation of the Merger, the Company shall succeed to all the rights and obligations of Merger Sub under this Agreement, without any further action by any Person.

  • Effectiveness; Termination 5.01. The Additional Conditions of Effectiveness consist of the following:

  • Effectiveness of Registration Statement, etc The Registration Statement was filed by the Company with the Commission not earlier than three years prior to the date hereof and became effective upon filing in accordance with Rule 462(e). Each preliminary prospectus, each Issuer Free Writing Prospectus and the Prospectus have been filed as required by Rule 424(b) (without reliance on Rule 424(b)(8)) and Rule 433, as applicable, within the time period prescribed by, and in compliance with, the Securities Act Regulations. No stop order suspending the effectiveness of the Registration Statement or any post-effective amendment thereto has been issued under the Securities Act, no notice of objection to the use of the Registration Statement or any post-effective amendment thereto pursuant to Rule 401(g)(2) has been received by the Company, no order preventing or suspending the use of any preliminary prospectus or the Prospectus or any amendment or supplement thereto has been issued and no proceedings for any of those purposes have been instituted or are pending or, to the Company’s knowledge, contemplated. The Company has complied with each request (if any) from the Commission for additional information. The Company shall have paid the required Commission filing fees relating to the Notes within the time period required by Rule 456(b)(1)(i) of the Securities Act Regulations without regard to the proviso therein and otherwise in accordance with Rules 456(b) and 457(r) of the Securities Act Regulations and, if applicable, shall have updated the “Calculation of Registration Fee” table in accordance with Rule 456(b)(1)(ii) either in a post-effective amendment to the Registration Statement or on the cover page of a prospectus filed pursuant to Rule 424(b).

  • Filing and Effectiveness of Registration Statement The Company has prepared and filed with the Commission the Registration Statement (file number 333-[●]) on Form S-1, including the related Preliminary Prospectus, for registration under the Act of the offering and sale of the Offered Securities. Such Registration Statement, including any amendments thereto filed prior to the Execution Time, has become effective. The Company has filed one or more amendments thereto, including the related Preliminary Prospectus, each of which has previously been furnished to the Representative. The Company will file with the Commission the Prospectus in accordance with Rule 424(b). As filed, such Prospectus shall contain all information required by the Act and, except to the extent the Representative shall agree in writing to a modification, shall be in all substantive respects in the form furnished to the Representative prior to the Execution Time or, to the extent not completed at the Execution Time, shall contain only such specific additional information and other changes (beyond that contained in the latest Preliminary Prospectus) as the Company has advised the Representative, prior to the Execution Time, will be included or made therein. The Company has complied to the Commission’s satisfaction with all requests of the Commission for additional or supplemental information.

  • Effectiveness of Registration Statement The Registration Statement, including any Rule 462(b) Registration Statement, has become effective and at Closing Time no stop order suspending the effectiveness of the Registration Statement shall have been issued under the 1933 Act or proceedings therefor initiated or threatened by the Commission, and any request on the part of the Commission for additional information shall have been complied with to the reasonable satisfaction of counsel to the Underwriters. A prospectus containing the Rule 430A Information shall have been filed with the Commission in accordance with Rule 424(b) (or a post-effective amendment providing such information shall have been filed and declared effective in accordance with the requirements of Rule 430A) or, if the Company has elected to rely upon Rule 434, a Term Sheet shall have been filed with the Commission in accordance with Rule 424(b).

  • Registration Statement Effectiveness The Registration Statement shall have been declared effective by the SEC and no stop order suspending the effectiveness of the Registration Statement shall have been issued and no proceedings for that purpose shall have been initiated or threatened by the SEC or any other Governmental Authority.

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