TPTX » Topics » Proprietary Rights

This excerpt taken from the TPTX 10-K filed Mar 27, 2009.

Proprietary Rights

SIZE="2">Patent Applications

Our policy is to pursue patents, both those generated internally and those licensed from third
parties, pursue trademarks, maintain trade secrets and use other means to protect our technology, inventions and improvements that are commercially important to the development of our business.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">If we are able to overcome our current financial issues and continue as a going concern, our success will depend significantly on our ability to:

 







  

obtain and maintain patent and other proprietary protection for the technology, inventions and improvements we consider important to our business;

 







  

defend our patents;

 







  

preserve the confidentiality of our trade secrets; and

 







  

operate without infringing the patents and proprietary rights of third parties.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">As of December 31, 2008, we controlled approximately 135 patents and patent applications worldwide. Of these, 64 pertain to tezampanel and/or NGX426
(including 14 issued U.S. patents), 53 pertain to NGX267 and/or NGX292 (including 4 issued U.S. patents), and 18 pertain to our GSM program (including 1 issued U.S. patent). Issued patents, and patents that may issue from these pending applications,
would expire between 2010 and 2028. In accordance with the Hatch-Waxman Act in the United States, and corresponding legislation in certain foreign countries, patents covering our drug products may be eligible for up to five years of patent term
restoration.

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