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Absence of Valid Designation
Absence of Valid Designation contract clause examples
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Valid Claim”. Valid Claim means any claim from an issued and unexpired patent that # has not been revoked or held unenforceable or invalid by a final decision of a court or other Governmental Authority of competent jurisdiction and that has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue or disclaimer or otherwise; or # a patent application; provided, that such a claim within a patent application has not been canceled, withdrawn, or abandoned or been pending for more than ​ years from the date of its first priority filing in the applicable country or region. For clarity, a claim of a patent that, pursuant to clause (b), had ceased to be a Valid Claim before it issued but that subsequently issues and is otherwise described by clause (a), shall again be considered to be a Valid Claim once it issues until it is no longer considered a Valid Claim in accordance with clause (a).

Valid Claim” means # a claim of an issued and unexpired patent that has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction that is not appealable or has not been appealed within the time allowed for appeal, and that has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re-examination or disclaimer or otherwise, or # a claim of a pending patent application that has not been cancelled, withdrawn or abandoned or finally rejected by an administrative agency action from which no appeal can be taken and that has not been pending for more than ​.

Valid Claim” means any claim of # an issued unexpired United States or foreign patent that has not been revoked or found to be unpatentable, invalid or unenforceable by a court or other government agency of competent jurisdiction, or # a United States or foreign patent application that has not been cancelled, withdrawn, or abandoned and has not been pending for more than ​ years from the date of filing of the earliest priority patent application.

Valid Claim” # a claim of any issued and unexpired Patent whose validity, enforceability, or patentability has not been affected by any of the following: # irretrievable lapse, abandonment, revocation, dedication to the public, or disclaimer; or # a holding, finding, or decision of invalidity, unenforceability, or non-patentability by a court, governmental agency, national or regional patent office, or other appropriate body that has competent jurisdiction, such holding, finding, or decision being final and unappealable or unappealed within the time allowed for appeal, or # a claim of a pending Patent application, which claim has not been pending for more than ​ since the earliest date such Patent application is entitled to claim priority, unless and until such claim becomes an issued claim of an issued patent in which case it will again be considered a Valid Claim under the [foregoing clause (a)].

Valid Claim” shall mean # a claim of an issued and unexpired patent included within the Licensed Patents, which has not been permanently revoked or declared unenforceable or invalid by an unreversed and unappealable or unreversed and unappealed decision of a court or other appropriate body of competent jurisdiction, or # a claim of a pending patent application included within the Licensed Patents which claim was filed in good faith, has not been pending for more than ​ years from the priority date, and has not been abandoned or finally disallowed without the possibility of appeal or refiling of such application.

Valid Claim” means # a claim of an issued Licensed Patent that has not expired or been abandoned, or been revoked, held invalid or unenforceable by a patent office, court, or other governmental agency of competent jurisdiction in a final and non-appealable judgment (or judgment from which no appeal was taken within the allowable time period) and # a claim of any patent application within a Licensed Patent that has not been abandoned or finally disallowed without the possibility of appeal or re-filing of the application and that has been pending for no more than ​ from its earliest priority date.

Valid Claim” means any claim: # in an unexpired issued Patent Right which has not been held unenforceable, unpatentable or invalid by a decision of a court or other government agency of competent jurisdiction following exhaustion of all possible appeal processes, and which has not been admitted to be invalid or unenforceable through reissue, reexamination or disclaimer; or # in a pending patent application in the Patent Rights.

Valid Claim” means: # a claim of an issued and unexpired patent within the Beam Patents that has not been # held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, # rendered unenforceable through disclaimer, or # permanently lost through an interference or opposition proceeding without any right of appeal or review, or not appealed or put in for review within the applicable statutory or regulatory period; or # a pending claim of a pending patent application within the Patent Rights that has not been # abandoned or finally rejected without the possibility of appeal or refiling or # pending more than ​ years from the ​ on such pending patent application, provided such patent application is not pending more than ​ years from its earliest priority date. A pending claim that ceases to be a Valid Claim due to the foregoing time limit shall, if it later issues, qualify again as a Valid Claim, provided that it meets the requirements of clauses (a)(i)-(iii) of the foregoing definition.

Valid Claim” means # a claim of any issued and unexpired Patent whose validity, enforceability or patentability has not been affected by # irretrievable lapse, abandonment, revocation, dedication to the public, disclaimer, or admission by the patentee or its Affiliate, or # a holding, finding or decision of invalidity, unenforceability or non-patentability by a Governmental Authority that has competent jurisdiction, such holding, finding or decision being final and unappealable or unappealed within the time allowed for appeal or # a claim of a pending Patent application that was filed and is being prosecuted in good faith, for a period of no more than ​ years from the date on which such application was filed, and has not been abandoned or finally disallowed without the possibility of appeal or re-filing of the application.

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