Necessary Patent Claims definition

Necessary Patent Claims means claims of a patent or patent application, other than design patents and design registrations, issued or filed in any country, to which Contractor or its Affiliates has the right to grant licenses in accordance with the terms and conditions of this Attachment A at any time during the term of the Agreement, and which are necessarily infringed by any Compliant Portion. Necessary Patent Claims do not include any claims (i) other than those set forth above even if contained in the same patent or patent application as Necessary Patent Claims; (ii) that read solely on (1) any implementation of any portion of the Ratified Specification that is not a Compliant Portion, or (2) any Compliant Portion that is not within the bounds of the Scope; or (iii) that it is possible to avoid infringing because there is a commercially plausible non-infringing alternative for implementing such portions of the Ratified Specification.
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Necessary Patent Claims means claims of a patent or a pending patent application, other than design patents and design registrations, issued or filed in any country which a Member or an Affiliate of a Member has the right, at any time during the term of the Agreement, to grant licenses and which (if issued) would be infringed by Conformance Implementations directed to purposes within the Scope, but not including or extending to claims that (a) if licensed, would require a payment of royalties or other consideration by the Member or an Affiliate of the Member to an unaffiliated third party or (b) would not (if issued) be infringed by Conformance Implementations directed to purposes within the Scope if the applicable Specification did not incorporate by reference into such Specification published specification(s) developed outside of the Project. Necessary Patent Claims do not include any claims other than those set forth above, even if contained in the same patent as Necessary Patent Claims. For purposes of this Agreement, provisional patents and other such applications will be deemed to be pending patent applications.
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Necessary Patent Claims means those claims of all patents, other than design patents and design registrations, throughout the world entitled to an effective filing date prior to the Filing Date Cutoff, which are necessarily infringed by: (i) an implementation of a Final Specification which cannot be avoided by another commercially reasonable non-infringing implementation of such Final Specification; or (ii) an implementation of any example included in the Final Specification.
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Examples of Necessary Patent Claims in a sentence

  • Each Member agrees to grant a Reciprocal License under any of its Necessary Patent Claims not excluded in accordance with the following sections for any Ratified Specification on the date of Ratification in reciprocity to all other Members that also grant a Reciprocal License to Member.

  • Such Reciprocal License is granted whether or not the licensor or licensee Member ever had any knowledge of the existence of such Necessary Patent Claims.

  • In satisfying the disclosure obligation set forth herein, Members are not required to conduct searches of their patent portfolios, nor are they required to disclose Necessary Patent Claims of other Members or other third party patents.

  • At any time during the creation of a Draft Specification or during the Ratification Period for a Final Draft any Member may choose to issue an IP Disclosure Certificate accompanied by a signed certificate (“Reciprocal License Certificate”) certifying Member’s grant of the Reciprocal License for disclosed Necessary Patent Claims for, or expected to be for, a Final Draft.

  • However, under no circumstances can a Member exclude its Necessary Patent Claims with respect to a Contribution that was submitted by such Member.

  • Each Member agrees to grant the RAND License and Reciprocal License under any and all of its Necessary Patent Claims not excluded in accordance with Section II or this Section III.

  • Any attempt to exclude any such undisclosed Necessary Patent Claim(s) is ineffective and null and void.

  • If any Company Representative of a Member organization has actual knowledge of claims that may be Necessary Patent Claims owned or controlled by that Member with respect to that Member’s Contributions or any other aspect of a Draft Specification that will not be licensed under the Reciprocal License, the Company Representative of such Member must submit an IP Disclosure Certificate with the submission of a Contribution or as soon as is reasonably possible.

  • Any disclosure of a Necessary Patent Claim(s) must identify in writing the patent holder(s), and the relevant Specification or affected portions thereof.

  • A RAND License or Reciprocal License is granted whether or not the Member or any of its Representatives ever had any knowledge of the existence of such Necessary Patent Claims.


More Definitions of Necessary Patent Claims

Necessary Patent Claims means claims of a patent or patent application, other than design patents and design registrations, issued or filed in any country which a Member or its Affiliates has the right to grant licenses, at any time during the term of the Agreement, and which are necessarily infringed by all fully compliant implementations of a Ratified Specification and all subsequent specifications to the extent that the subsequent specifications incorporate that Ratified Specification. Necessary Patent Claims do not include any claims (i) other than those set forth above even if contained in the same patent as Necessary Patent Claims; (ii) that read solely on any implementations of any portion of the Ratified Specification that are not within the bounds of the Scope; (iii) that it is possible to avoid infringing because there is a commercially plausible non-infringing alternative for implementing such portions of the Ratified Specification or (iv) that, if licensed, would require a payment of royalties by the licensor to unaffiliated third parties.
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Necessary Patent Claims means those claims of all issued patents (or applications) throughout the world, that a Member or a non-Member, as applicable, owns or has a right to, and that: (a) cover or directly relate to one or more of the Proposed Specifications and/or the Adopted Functional Technical Specifications, as applicable; and (b) reasonably might be necessarily infringed by a Compliant Implementation of any Proposed Functional Technical Specifications, if approved as Adopted Functional Technical Specifications, and/or Adopted Functional Technical Specifications, as applicable, where such infringement could not have been avoided by another commercially reasonable non infringing Compliant Implementation of such Proposed Functional Technical Specifications and/or Adopted Functional Technical Specifications, as applicable, and such infringement is necessary to meet the implementation requirements of the Proposed Specifications and/or Adopted Functional Technical Specifications, as applicable. If a Member asserts that any claim is not a Necessary Patent Claim on the basis that there is a commercially reasonable alternative to the infringing implementation of the Adopted Functional Technical Specifications, such Member shall provide the Advisories and Founding Member Board with sufficient documentation evidencing the availability of such a commercially reasonable
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Necessary Patent Claims means any patent claim(s), now owned, controlled, or hereafter acquired by Licensor in any patent that Licensor has the right to license, that would be infringed, but for the license granted in Section 2.2, by the making, using, selling, or importation of processes or products that implement specific features or teachings of Specification, but excluding any claims covering subject matter that is not set forth or specifically described in the Specification.
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Related to Necessary Patent Claims

  • Licensed Patent Rights means:

  • 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.

  • 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.

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • Licensed IP means the Intellectual Property owned by any person other than the Corporation and to which the Corporation has a license which has not expired or been terminated;

  • Company Licensed IP means all Intellectual Property rights owned or purported to be owned by a third party and licensed to the Company or to which the Company otherwise has a right to use.

  • 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.

  • Infringement has the meaning set forth in Section 6.3(a).