Diversa Patent Rights means all patent and provisional patent --------------------- applications, issued and subsisting patents and substitutions, divisionals, continuations, continuations-in-part, reissues, reexaminations, extensions and supplementary protection certificates thereof, including foreign counterparts of the foregoing, in each case which are owned by or licensed to Diversa, with the right to license, as of the Effective Date or otherwise during the Research Period, which are necessary or useful for the conduct of the Projects or otherwise relate to Biomolecules or Products arising from the conduct of the Projects. Without limiting the generality of the foregoing, Diversa Patent Rights include any patents and patent applications claiming Inventions owned by Diversa under Sections 5.1.1, 5.1.3 and 5.1.4.
Diversa Patent Rights means Patent Rights Controlled solely by DIVERSA [*****].
Diversa Patent Rights means the inventions patentable under applicable patent law that are claimed in the patent applications and patents listed on Schedule 1.13(a) hereto and all divisions, continuations, continuations-in-part, applications claiming priority thereto, and substitutions thereof; all foreign patent applications corresponding to the preceding applications; all U.S. and foreign patents issuing on any of the preceding applications, including extensions, reissues and re-examinations; and any patents or patent applications, whether now existing or obtained in the future, owned or controlled by DIVERSA containing a claim that is dominating over the foregoing patent rights (i.e., is necessarily infringed by the practicing of a claim in one of the foregoing applications); and any patents or patent applications covered by any DIVERSA Third Party Licenses, a list of which is set forth on Schedule 1.13(b).
Examples of Diversa Patent Rights in a sentence
Diversa shall have the right, using counsel of its own choice and at its own expense, to participate in any such action regarding the Diversa Patent Rights.
Diversa shall have the right to bring and control, by counsel of its own choice, any action or proceeding with respect to infringement of any Diversa Patent Rights which are not subject to a License at the time of commencement of such action or proceeding.
If IBP requests Diversa to enforce or to authorize IBP to enforce other Diversa Patent Rights that may be infringed by the activities of a Third Party, then Diversa will consider in good faith bringing such action or authorizing IBP to bring such action.
Each party shall notify the other party in writing in the event that any third party shall commence or threaten to commence an action against Terragen or Diversa alleging that the practice of a method or process embodied in one or more claims of Diversa Patent Rights or Terragen Patent Rights infringes a patent of a third party.
Diversa and NEI shall promptly notify the other in ------ writing of any alleged or threatened infringement by a third party of any patent or patent application included in the Diversa Patent Rights or NEI Patent Rights of which they become aware.
More Definitions of Diversa Patent Rights
Diversa Patent Rights means all patent applications and issued and subsisting patents, including, without limitation, all provisionals, converted provisionals, continued prosecution applications, substitutions, divisionals, continuations, continuations-in-part, reissues, reexaminations, extensions and supplementary protection certificates thereof, including foreign counterparts of the foregoing owned by or licensed to Diversa, with the right to sublicense, as of the Effective Date or otherwise during the Research Period (including the [ * ]), which are necessary or useful to conduct research and development activities hereunder, to develop, use, or manufacture compounds within Compound Sets, or to develop, use, manufacture, offer for sale, sale, or import Products.
Diversa Patent Rights means all patents and applications for patents covering DIVERSA Know-How, including but not limited to those identified in Appendix A of this Agreement (attached hereto and made a part hereof), including any [*****] or the [*****] and any [*****] and [*****] of the foregoing, that are owned or controlled by Diversa and which DIVERSA has the right to grant licenses hereunder.
Diversa Patent Rights means patents and patent applications set forth in Exhibit A hereto, and all continuations-in-part, continuations, divisionals, reissues, re-examinations or extensions thereof, and any foreign patents and patent applications corresponding thereto. Diversa may modify Exhibit A from time to time by providing written notice to Terragen to include patents and patent applications that may be required in order for Terragen to practice Diversa Patent Rights or Terragen Patent Rights.
Diversa Patent Rights means all patent and provisional patent applications, issued and subsisting patents and substitutions, divisionals, continuations, continuations-in-part, reissues, reexaminations, extensions and supplementary protection certificates thereof, including foreign counterparts of the foregoing owned by or licensed to Diversa, with the right to license, [*****] [*****]. Without limiting the generality of the foregoing, [*****] under Sections 5.1.1, 5.1.3 and 5.1.4, or [*****] under Section 5.2.3. "[*****]" will document the research phase to be performed by [*****] including [*****].
Diversa Patent Rights means any patent or patent application in the Territory owned by or licensed to Diversa (with the right to further license or sublicense) during the term of this Agreement claiming the use, sale, offer for sale or import of the Diversa Enzymes, either generally or in the applicable Field.
Diversa Patent Rights means the same as in the MCA. All patents and --------------------- patent applications subject to this definition are listed on Appendix A-1 or A-2 or will be included on Appendix A-1 or A-2 attached to this Agreement by the expiration of the Research Term. When a Licensed Product is designated, then a subset of these DIVERSA Patent Rights relevant to that Licensed Product shall be listed on Appendix F, which listing shall be included in a resulting License, if any.
Diversa Patent Rights means (i) all patents and patent applications which are conceived of during performance of the IE R&D Agreement, which are assigned to DIVERSA or are Joint Patent Rights assigned to DIVERSA and the LLC, and which are necessary for the LLC to make, use or sell the Licensed Product. If such patent rights arise they shall be listed on Xxxxxxxx X-0, attached hereto and made a part hereof; (ii) the patents and patent applications listed on Xxxxxxxx X-0, attached hereto and made a part hereof, are patent rights of DIVERSA that predate the IE R&D Agreement but which patent rights are necessary for the LLC to make, use or sell the Licensed Products; and (iii) any divisions, continuations, continuations-in-part, reissues, reexaminations, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in (i) or (ii) above, and any substitutions, confirmations, patents-of-addition, registrations or revalidations of any of the foregoing, in each case, which are Controlled by DIVERSA, and which are necessary for the LLC to make, have made, use, sell, have sold, export or import the *CONFIDENTIAL TREATMENT REQUESTED