Patent Proceedings Clause Samples
The Patent Proceedings clause outlines the procedures and responsibilities related to the management and enforcement of patent rights arising from the agreement. Typically, it specifies which party has the authority to file, prosecute, maintain, or defend patents, and may address how costs and cooperation are handled between the parties. This clause ensures that both parties understand their roles in protecting intellectual property, thereby preventing disputes and safeguarding the value of innovations developed under the contract.
Patent Proceedings. Atrix represents and warrants that (a) no patent application within the Atrix Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding, and (b) to the best of its knowledge, the Atrix Technology does not infringe the intellectual property rights of any Third Party.
Patent Proceedings. As of the Effective Date, Seller represents and warrants that to Seller’s actual knowledge, without having made an investigation or search, (a) no patent or patent application within the Ex-US BEMA Patent Rights or BEMA Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding, (b) except with respect to matters previously disclosed to Seller by Buyer or its Affiliates, there is no claim pending, previously made, or threatened alleging that the Ex-US BEMA Technology and the BEMA Technology, or the use, manufacture, sale, or importation of technology or products embodying the BEMA Technology or Ex-US BEMA Technology, infringes or misappropriates any copyright, patent, trade secret, trademark, or other published intellectual property right of any third party, (c) except with respect to matters previously disclosed to Seller by Buyer or its Affiliates, and except that for purposes of this Section 5.05(c) only, Seller’s actual knowledge shall mean the actual knowledge, without having made an investigation or search, of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ and ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, no prior use, manufacture, sale, or importation of the Ex-US BEMA Technology, BEMA Technology, or any technology or products embodying the foregoing by Seller, its Affiliates, or their Third Party licensees (excluding Seller’s grant of licenses under the License Agreement) constituted infringement or misappropriation of any copyright, patent, trade secret, trademark, or other published intellectual property right of any Third Party, (d) all filings, payments, and other actions required to be made or taken to maintain such item of the Ex-US BEMA Patent Rights in full force and effect have been made by the applicable deadline, and (e) that it has complied, in all material respects, with its obligations under the License Agreement.
Patent Proceedings. As of the date of this Agreement and as of the Effective Date, Atrix represents and warrants that, to the best of its knowledge, (a) no patent or patent application within the Atrigel(R) Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding, and (b) the Atrigel(R) Technology does not infringe the published intellectual property rights of any Third Party.
Patent Proceedings. LGLS represents and warrants that, to the best of its knowledge, no patent application within the LGLS Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding.
Patent Proceedings. Valentis represents and warrants that to the best of its knowledge, no patent or patent application within the Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding.
Patent Proceedings. The Foundation represents and warrants that, to the best of its knowledge, no patent application within the Patent Rights is the subject of any pending interference, opposition, cancellation or other protest proceeding.
Patent Proceedings. To the Knowledge of Seller, except as set forth in Section 3.5(e) of the Disclosure Schedule, none of the issued Program Patents are subject to any pending reissues, reexaminations, post-grant proceedings, requests for patent term extensions, supplementary protection certificates, interferences, derivation proceedings, or defense of invalidation or opposition proceedings or other challenges to validity or enforceability.
Patent Proceedings. 7.1 The Licensee will control and bear all future costs related to the continued prosecution, maintenance, defense, and enforcement of the Patent until termination of the Agreement. Licensee may not abandon, perform any act or refrain from taking any action that may jeopardize the prosecution and/or the validity of the Patent (or any application therefor) in any jurisdiction without prior written consent of the Licensor. In the event that the Licensor does not agree to such abandonment, the Licensor may maintain the Patent in any such jurisdiction on its own account and the License may terminate with respect to such jurisdiction. The Licensee shall send copies of all correspondence relating to the Patent (or any application therefor) to the Technion and Yeda promptly after such correspondence is sent or received.
7.2 The Licensor, at the Licensee's expense, shall fully cooperate with the Licensee in all continued prosecution, maintenance, defense, and enforcement of the Patent.
Patent Proceedings. 20 Section 11.06. Adverse Properties....................................20 Section 11.07.
Patent Proceedings. Altana represents and warrants that (a) no patent application within the Altana Technology is the subject of any pending interference, opposition, cancellation or other protest proceeding, and (b) the Altana Technology or Marks do not infringe the intellectual property rights of any Third Party.