Costs of Patent Prosecution. All costs for Patent Prosecution of Xxxxxxxxx Patents shall be borne by Xxxxxxxxx. All costs for Patent Prosecution of Lilly Patents shall be borne by Lilly. All costs of Patent Prosecution for Jointly Owned Patents shall be equally shared by the Parties. However, each of Xxxxxxxxx and Xxxxx may in its sole discretion following consultation with the intellectual property subcommittee elect to discontinue Patent Prosecution (and therefore, no longer pay the costs of such Patent Prosecution) in any country on a Patent-by-Patent basis as provided for under Article 12.2 above. Each Party shall give prompt notice to the other Party if it declines to pay costs for the filing, prosecution or maintenance of a Xxxxxxxxx Patent, Jointly Owned Patent or Lilly Patent, as applicable, in any country of the Territory, and in such case, the other Party after consultation with notifying Party and with notifying Party’s approval (which approval shall not be unreasonably withheld), shall have the right to file, prosecute or maintain such Patent at its own expense. If the Parties agree to allow the notified Party to file, prosecute or maintain a Patent pursuant to this Article 12.4, the notifying Party shall promptly deliver to the notified Party copies of all necessary files related to the Patent with respect to which responsibility has been transferred and shall take all actions and execute all documents reasonably necessary for the notified Party to assume such responsibility and to assign any Patents to the notified Party as necessary. As of the date of the notifying Party’s assignment to the notified Party, such Patent shall not be included in the notifying Party’s Patents, as applicable, under this Agreement.
Costs of Patent Prosecution. As between Xxx Xxxxxx, Xxxxxxxxx, MIT and UMass, [**] shall pay for all expenses, including attorneys’ fees, incurred in the Prosecution of the US Tuschl I Patent Family, the US Tuschl II Patent Family, and the Non-US Tuschl II Patent Family, PROVIDED THAT nothing herein shall be deemed to relieve any research reagent licensee of an existing obligation to pay, in addition to royalties, a portion of all fees and costs, including attorneys’ fees, incurred in the Prosecution of The Tuschl I Patent Family and The Tuschl II Patent Family under the terms set forth in the license agreements entered pursuant to the 2001 Research Agreement. As between Xxx Xxxxxx, Xxxxxxxxx, MIT and UMass, [**] shall pay for all expenses, including attorneys’ fees, incurred in the Prosecution of the Non-US Tuschl I Patent Family, PROVIDED THAT nothing herein shall be deemed to relieve any research reagent licensee of an existing obligation to pay, in addition to royalties, a portion of all fees and costs, including attorneys’ fees, incurred in the Prosecution of The Tuschl I Patent Family under the terms set forth in the license agreements entered pursuant to the 2001 Research Agreement. For avoidance of doubt, this Section 2.7 does not authorize any Party to amend, and does not require any Party to consent to any amendment of, any license granted pursuant to the 2001 Research Agreement.
Costs of Patent Prosecution. For so long as the Licensee retains the exclusive license granted under Section 2.1 during the term of this Agreement, the Licensor will have the right to seek reimbursement from the Licensee of all reasonable patent application prosecution expenses it may incur after the date of this Agreement in connection with the prosecution of any patent application under the Licensed Technology in the Territory, unless the Licensee notifies the Licensor in writing of Licensee's intention not to include such patent application to which such expenditure may relate under the Licensed Technology; PROVIDED, HOWEVER, that any such expenses in excess of $5,000 in any year shall require the prior written approval of Licensee.
Costs of Patent Prosecution. All costs for Patent Prosecution of Patents relating to Licensed Products including the Lilly Patents, Transition Patents, and Jointly Owned Patents shall be borne by the IP Party. However, the IP Party may in its sole discretion elect to discontinue Patent Prosecution in any country on a Patent-by-Patent basis. The IP Party shall give prompt notice to the other Party if it declines to pay costs for the filing, prosecution or maintenance of a Patent in any country, and in such case, the other Party shall have the right to file, prosecute or maintain such Patent at its own expense. If the other Party decides to file, prosecute or maintain such Patent, the IP Party shall promptly deliver to the other Party copies of all necessary files related to the Patent with respect to which responsibility has been transferred and shall take all actions and execute all documents reasonably necessary for the other Party to assume such responsibility and to assign such Patent to the other Party. As of the date of the notice, such Patent shall no longer be included in the Lilly Patents, Transition Patents or Jointly Owned Patents, as applicable, under this Agreement.
Costs of Patent Prosecution. For so long as the Licensee retains the exclusive licence granted under Clause 2.1, the Licensor will have the right to reimbursement of all expenses it may incur after the date of this Agreement in connection with the prosecution of ally Patent Application, Patent, Project Application and Project Patent in the Territory, unless otherwise agreed by the parties in writing or the Licensee has previously notified the Licensor of the Licensee’s objection to a course of action to which such expenditure may relate.
Costs of Patent Prosecution. (deleted text: cost responsibility for a category of intellectual property). All costs of Patent Prosecution for Jointly Owned Patents and Patents Controlled (deleted text: a party responsible for a certain category of intellectual property). However, either Party may in its sole discretion elect to discontinue Patent Prosecution in any country on a Patent-by-Patent basis as provided for under Article 13.2, above. Lilly shall give prompt notice to Transition if it declines to pay costs for the filing, prosecution or maintenance of a Patent in any country, and in such case, Transition after consultation with Lilly and with Lilly’s approval which approval shall not be unreasonably withheld, shall have the right to file, prosecute or maintain such Patent at its own expense. If the Parties agree to allow Transition to file, prosecute or maintain a Patent, Lilly shall promptly deliver to Transition copies of all necessary files related to the Patent with respect to which responsibility has been transferred and shall take all actions and execute all documents reasonably necessary for Transition to assume such responsibility and to assign any Patents to Transition as necessary. As of the date of Lilly’s notice, such Patent shall not be included in the Patents under this Agreement.
Costs of Patent Prosecution. All out-of-pocket Patent Prosecution costs and expenses, including attorneys’ fees, incurred by a Party in the performance of Patent Prosecution pursuant to this License Agreement shall be (a) borne solely by the Responsible Party in the case of Patent Rights owned solely by a Party, and (b) shared equally by the Parties in the case of Joint IP. In the case of Joint IP, the Responsible Party shall keep the other Party informed of such costs and expenses from time to time, including by providing backup documentation evidencing the out-of-pocket costs and expenses incurred, and the other Party shall promptly reimburse the Responsible Party for fifty percent (50%) of such costs and expenses within thirty (30) days after receipt of written notice thereof, together with documentation supporting such costs and expenses.
Costs of Patent Prosecution. Each PARTY shall pay for all costs and expenses incurred in connection with the filing, prosecution and maintenance of PATENT RIGHTS concerning INVENTIONS that are owned solely by such PARTY hereunder. For costs and expenses incurred with respect to filing, prosecution and maintenance of PATENT RIGHTS concerning INVENTIONS that jointly owned by the PARTIES hereunder, NEOGENOMICS shall reimburse CIPHERGEN for one-half (1/2) all such costs and expenses. Such reimbursement from NEOGENOMICS shall be paid to CIPHERGEN on a reasonable periodic basis to be determined by the PARTIES.
Costs of Patent Prosecution. All Out-of-Pocket Costs for Patent Prosecution of any Patent shall be solely incurred by and the sole responsibility of the prosecuting Party.
Costs of Patent Prosecution. On a Patent-by-Patent basis, Transition shall pay a pro rata share of all Patent Expenses incurred with respect to Licensed Patents based on the number of licenses Lilly has granted to the applicable Licensed Patent (e.g., if Lilly has granted two (2) licenses to a Licensed Patent in a country, Transition will pay fifty percent (50%) of the associated Patent Expenses with respect to such Patent in such country; If Lilly has granted three (3) licenses to a Licensed Patent in a country, Transition will pay thirty-three and one-third percent (33.33%) of the associated Patent Expenses with respect to such Patent in such country). Transition shall pay such pro rata share of Patent Expenses within thirty (30) days after the date of any invoice therefor from Lilly. Lilly shall instruct its patent attorney to provide Transition with a list of all Licensed Patents and current status of each patent and patent application upon request of Transition.
