Active Compounds. Following the designation of any Collaboration Compound as an Active Compound, such Active Compound shall be exclusively available to Athena for research or application to any Target, within or outside the Collaboration, during the Exclusivity Period and CombiChem shall not knowingly work on or knowingly provide information regarding such Active Compound to any Third Party, except to reject and take any steps necessary to protect Athena's exclusivity hereunder. Following the expiration of the Exclusivity Period Active Compounds for that Target upon which a Patent has not been filed *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. within ninety (90) days following the Research Period shall be deemed to be Inactive Compounds for all purposes hereunder; provided, that any Active Compound which is the subject of claim(s) under a pending Patent shall continue to be treated as Active Compounds until a Patent is issued with respect to one or more of such claims; or until all of such Patent claims have been denied, at which time the compounds which are the subject to those claims shall be Inactive Compounds hereunder.
Appears in 3 contracts
Sources: Collaborative Research and License Agreement (Combichem Inc), Collaborative Research and License Agreement (Combichem Inc), Collaborative Research and License Agreement (Combichem Inc)