50 The issuance of a patent is not conclusive as to its inventorship, scope, validity or enforceabi a lity, and our patents may be challenged in the courts or patent offi f ces in the United States and abroad. We may be subj u ect to a third party preissuance subm u ission of prior art to the U.S. Patent and Trademark Offi f ce, or USPTO, or become involved in opposition, derivation, revocation, reexamination, post-grant and inter partes review, or interference proceedings or other similar proceedings challenging our patent rights. An adverse determination in any such subm u ission, proceeding or litigation could reduce the scope of,f or invalidate or render unenfor f ceable, our patent rights, allow third parties to commercialize our ABC Platform, product candidates or other technologies and compete directly with us, without payment to us, or result in our inability to manufac f ture or commercialize products without infringing third-party patent rights. Moreover, we may have to participate in interference proceedings declared by the USPTO to determine priority of invention or in post-grant challenge proceedings, such as oppositions and other challenges in a foreign patent offi f ce or administrative tribunal, that challenge our or our licensor’s priority of invention or other featur t es of patentability with respect to our owned or in-licensed patents and patent applications. Such challenges may result in loss of patent rights, loss of exclusivity, or in patent claims being narrowed, invalidated, or held unenfor f ceable, which could limit our ability to stop others from using or commercializing similar or identical technology and products, or limit the duration of the patent protection of our ABC Platform, product candidates and other technologies. Such proceedings also may result in subs u tantial cost and require significant time from our scientists and management, even if the eventual outcome is favorable to us. In addition, given the amount of time required for the development, testing and regulatory r review of new product candidates, patents protecting such product candidates might expire before or shortly afte f r such product candidates are commercialized. As a result, our intellectual property may not provide us with sufficient rights to exclude others from commercializing products similar or identical to ours. We may a not be able to protect t our intellectual propertyt and proprietary righ i ts througho g ut the world. l Filing, prosecuting and defending patents relating to our ABC Platform, product candidates and other technologies in all countries throughout the world would be prohibitively expensive, and the laws of foreign countries may not protect our rights to the same extent as U.S. laws. Consequently, we may not be able to prevent third parties from practicing our inventions in all countries outside the United States, or from selling or importing products made using our inventions in and into the United States or other jurisdictions. Competitors may use our technologies in jurisdictions where we have not obtained patent protection to develop their own products and, further, may export otherwise infringing products to territories where we have patent protection but enforcement is not as strong as that in the United States. These products may compete with our products, and our patents or other intellectua t l property rights may not be effe f ctive or sufficient to prevent them from competing. Many companies have encountered significant problems in protecting and defending intellectua t l property rights in foreign jurisdictions. The legal systems of certain countries, particularly certain developing countries, do not favor the enforcement of patents, trade secrets and other intellectua t l property protection, particularly those relating to biotechnology products, which could make it difficult, costly or impossible for us to stop the infringement of our patents or marketing of competing products in violation of our intellectua t l property and proprietary rights generally. Proceedings to enforce our intellectua t l property and proprietary rights in foreign jurisdictions could result in subs u tantial costs and divert our effo f rts and attention from other aspects of our business, could put our patents at risk of being invalidated or interpreted narrowly, could put our patent applications at risk of not issuing and could provoke third parties to assert claims against us. We may not prevail in any lawsuits that we initiate, and the damages or other remedies awarded, if any, may not be commercially meaningful f . Accordingly, our effo f rts to enforce our intellectua t l property and proprietary rights around the world may be inadequate to obtain a significant commercial advantage from the intellectua t l property that we develop or license. Many countries have compulsory licensing laws under which a patent owner may be compelled to grant licenses to third parties. In addition, many countries limit the enforceabi a lity of patents against government agencies or government contractors. In these countries, the patent owner may have limited remedies, which could materially diminish the value of such patent. If we are forced to grant a license to third parties with respect to any patents relevant to our business, our competitive position may be impaired, and our business, financial condition, results of operations and prospects may be adversely affe f cted.
Kodiak: 2023 Annual Report Page 59 Page 61