Collaboration Patent Rights Sample Clauses

Collaboration Patent Rights. Merck shall have the first right to file, prosecute, and maintain patents and patent applications claiming Collaboration Information and Inventions. Merck shall keep Cocrystal promptly advised of the status of any actual and prospective patent filings and upon Cocrystal’s request, shall provide advance copies of any papers related to the filing of Collaboration Information and Inventions and the prosecution and maintenance of Collaboration Patent Rights. Merck shall give notice to Cocrystal of any desire to cease prosecution and/or maintenance of Collaboration Patent Rights on a country-by-country basis in the Territory [*].

Collaboration Patent Rights. Prior to IND Acceptance, Momenta shall be responsible for and shall pay all expenses associated with the preparation, filing, prosecution and maintenance of the Collaboration Patent Rights within the Collaboration Intellectual Property during that time. Upon IND Acceptance, each Party shall be responsible for [**] percent ([**]%) of the Legal Expenses associated with the preparation, filing, prosecution and maintenance of the Collaboration Patent Rights within the Collaboration Intellectual Property following IND Acceptance. Following achievement of both IND Acceptance and [**] for a Product, ▇▇▇▇▇▇ shall be responsible for one hundred percent (100%) of the Legal Expenses associated with the preparation, filing, prosecution and maintenance of Collaboration Patent Rights within the Collaboration Intellectual Property for that Product.

Collaboration Patent Rights. Each Party shall be responsible for [***] of the Legal Expenses associated with the preparation, filing, prosecution and maintenance of Collaboration Patent Rights during the Term.

Collaboration Patent Rights. The term “

Collaboration Patent Rights. With respect to suits claiming infringement of the Collaboration Patent Rights, Wyeth shall have the first right to bring suit claiming infringement of the Collaboration Patent Rights. ViroPharma shall have the right, before commencement of the trial, suit or action brought by Wyeth, to join any such suit or action. In no event shall Wyeth enter into any settlement, consent judgment or other voluntary final disposition of such suit which would adversely affect ViroPharma's rights under this Agreement in any way without first obtaining ViroPharma's written consent to do so, which consent shall not be unreasonably withheld. If Wyeth declines to bring suit, ViroPharma may proceed with an infringement suit. Any recovery or damages derived from such a suit shall be used first to reimburse each of Wyeth and ViroPharma for their respective documented out-of-pocket legal expenses relating to the suit, with any remaining amounts to be shared equally by the Parties. If either Party desires not to proceed with or participate in a suit against a Third Party for infringement of a Collaboration Patent Right, such Party may, by written notice to the other Party, elect not to share in the expenses of such suit. In such event, the Party continuing to prosecute the infringement action shall have the right, but not the obligation to bring or continue such suit at its own expense and shall be entitled to retain any recovery or damages derived from such suit, and the Party electing not to participate in the suit shall reasonably cooperate with such other Party in prosecuting such infringement action. The Party bringing such action shall incur no liability to the other Party as a consequence of such litigation or any unfavorable decision resulting therefrom, including any decision holding any of the Collaboration Patent Rights invalid or unenforceable.

Collaboration Patent Rights. Each Party will have the exclusive right, but not the obligation, [***], to prepare, file, prosecute and maintain all of its Collaboration Patent Rights. All [***] costs and fees incurred by a Party in connection with preparation, filing, prosecution and maintenance of Collaboration Patent Rights in a [***]. To the extent any Collaboration Patent Right is or becomes [***] to performance by either Party of any aspect of the Collaboration Program or [***] to manufacture or Commercialization of a Collaboration Product or Royalty Product, the Party owning such Collaboration Patent Right will exercise [***] consistent with good faith business practices to maintain Control of such Collaboration Patent Rights. (a) To the extent a Party elects not to file for a Collaboration Patent Right in a Major Market Country or elects to abandon any Collaboration Patent Right already filed in any country, that Party will notify the other Party in writing not less than [***] prior to the date such election is irrevocable without additional cost, and will offer the other Party the opportunity to assume, [***], the right to file for, prosecute and maintain such Collaboration Patent Right in such country. If the other Party accepts the offer by written notice to the first Party, the first Party will assign such Collaboration Patent Right to the other Party and will [***] assist the other Party in assuming the filing, prosecution and maintenance of such Collaboration Patent Right in such country. Such Collaboration Patent Right thereafter will be the other Party’s Independent Patent Rights. (b) With respect to each United States patent application that is a Collaboration Patent Right, not less than [***] before filing any application for corresponding patent protection in foreign countries, the Party owning the Collaboration Patent Right will give to JSC a copy of the priority application and written notice of the foreign countries selected for filing. The JSC, in writing within [***] after such notice, may reject any selected country [***] and may request filing of applications in additional foreign countries. The Party will file in such additional countries and may file in the rejected countries. All [***] costs associated with filing, prosecution and maintenance of applications in [***]. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted por...

Collaboration Patent Rights. (a) Upon the identification of a Collaboration Invention, the JPC shall (i) promptly discuss such Collaboration Invention, (ii) promptly discuss the desirability of filing a United States patent application covering such Collaboration Invention, as well as any foreign counterparts, (iii) make the final decision with respect to any such filings as soon as practicable, and (iv) designate the Party to be responsible for the supervision of the preparation, filing and prosecution of such patent application by outside patent counsel reasonably acceptable to the JPC. Such outside patent counsel shall be instructed to act in the best interests of both Parties taking into consideration their relative interests under this Agreement. (b) The Party responsible for the preparation, filing and prosecution of a patent application covering a Collaboration Invention shall provide the other Party with a copy of any patent application which first discloses such Collaboration Invention prior to filing the first of such applications in any jurisdiction, if possible, for review and comment by the other Party. The Party responsible for each patent application shall keep the other Party advised of the status of the actual and prospective patent filings, including, without limitation, the grant of any Collaboration Patent Rights, and shall provide advance copies of any official correspondence related to the filing, prosecution and maintenance of such patent filings for review and comment by the other Party. The Party receiving any such patent application and official correspondence shall maintain such information in confidence. (c) Subject to (i) the grant of licenses to AHPC and ELAN under Article 2, and (ii) the exclusivity provisions of Section 2.4, each Party shall be free to exploit Collaboration Patent Rights within the Territory without restriction and without payment of any compensation to the other Party.

Collaboration Patent Rights. Subject to the terms of this Section 7.2(b), ThromboGenics shall be responsible for the Patent Prosecution of the Collaboration Patent Rights in both Parties’ names, at ThromboGenics’ expense. (i) Within [**] days after the Effective Date, the Parties shall establish a joint patent committee (the “JPC”) to discuss strategy for, and coordinate, the Patent Prosecution of the Collaboration Patent Rights during the Research Term. The JPC shall be comprised of one (1) representative of each Party. Each Party may change its representative to the JPC at any time upon written notice to the other Party. After the Research Term, the Parties shall directly interact with respect to matters which had been under the purview of the JPC. (ii) During the Research Term the provisions of Sections 3.4(c) and 3.4(d) shall apply to the JPC in the same way it applies to the JRC, and the JPC shall be disbanded at the end of the Research Term. (iii) Each Party, through its representative, shall have one (1) vote on the JPC. Both Parties must vote in the affirmative to allow the JPC to take any action that requires the approval of the JPC. Decision on any matter may be taken at a meeting, by teleconference, videoconference or by written agreement. Either Party may convene a special meeting of the JPC for the purpose of resolving any dispute within the JPC’s jurisdiction that represents a material issue the resolution of which cannot reasonably await until the next scheduled meeting of the JPC, which meeting shall be convened within [**] Business Days after such request. In conducting themselves on the JPC, and in making decisions and resolving disputes under this Section 7.2(b), the representative of each Party shall consider reasonably and in good faith all input received from the other Party, and the JPC representatives of the Parties shall use reasonable efforts to reach consensus on all matters before them. (iv) If the JPC is unable to resolve any dispute within the responsibilities of the JPC within [**] Business Days after a Party provides notice to the other Party of the existence of such dispute, or if the JPC no longer remains in place at the time of a dispute within the responsibilities of the JPC specified in Section 7.2(b)(i) and representatives appointed by each of the Parties are unable to resolve such dispute within [**] Business Days after a Party provides notice to the other Party of the existence of such dispute, [**] may resolve such dispute as follows. In resolv...

Collaboration Patent Rights. Subject to Section 8.3(d) (Information and Cooperation), PTI and Astellas are jointly responsible for the preparation, filing, prosecution, protection and maintenance of all Collaboration Patent Rights; provided that, CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Confidential subject to Section 8.3(c)(i) (Product-Specific Patent Rights), PTI will take the lead for and have final decision making authority with respect to the preparation, filing, prosecution, protection and maintenance of all Collaboration Patent Rights. The Parties will share equally all costs associated therewith, and PTI will invoice Astellas for fifty percent (50%) of such costs and Astellas will pay all PTI invoices for such costs within sixty (60) days of receipt.