Delay of Publication. Prior to the expiration of the thirty (30) day-period described above, the other Party may notify in writing the submitting Party of its determination that such oral presentation or written material contains Confidential Information of such other Party or objectionable material or material that consists of patentable subject matter for which patent protection should be sought. The notified Party shall withhold its proposed public disclosure and confer with the other Party to determine the best course of action to take in order to modify the disclosure (including removing Confidential Information of the other Party) or to obtain patent protection. After resolution of the confidentiality, regulatory or other issues, or the filing of a patent application or due consideration as to whether a patent application can reasonably be filed, but in no event more than ninety (90) days after notification of the submitting Party as provided above, the submitting Party shall be free to submit the written material and/or make its public oral disclosure in a manner consistent with academic standards.
Appears in 2 contracts
Samples: Development and Commercialization Agreement (Array Biopharma Inc), Development and Commercialization Agreement (Oncothyreon Inc.)
Delay of Publication. Prior to the expiration of the thirty sixty (30) day-60)-day period described specified in this Section 6.2 above, the other Party party may notify in writing the submitting Party party of its determination that such oral presentation or written material manuscript contains Confidential Information of such other Party party or objectionable material or material that consists of patentable subject matter for which patent protection should be sought. The notified Party party shall withhold its proposed public disclosure and confer with the other Party party to determine the best course of action to take in order to modify the disclosure (including removing Confidential Information of the other Partyparty) or to obtain patent protection. After resolution of the confidentiality, regulatory or other issues, or the filing of a patent application or due consideration as to whether a patent application can reasonably be filed, but in no event more than ninety (90) days after notification of the submitting Party party as provided above, the submitting Party party shall be free to submit the written material manuscript and/or make its public oral disclosure in a manner consistent with academic standards. If the submitting party declines to file an appropriate patent application, then either BML or TWT, as the case may be, may undertake to file such application in accordance with Section 13.2 below.
Appears in 1 contract
Samples: Development and Commercialization Agreement (Third Wave Technologies Inc /Wi)
Delay of Publication. Prior to the expiration of the thirty (30) day-[c.i.] period described specified in Section 5.2.1 above, the other Party may notify in writing the submitting Party of its determination that such oral presentation or written material manuscript contains Confidential Information of such other Party or objectionable material or material that consists of patentable subject matter for which patent protection should be sought. The notified Party shall withhold its proposed public disclosure and confer with the other Party to determine the best course of action to take in order to modify the disclosure (including removing Confidential Information of the other Party) or to obtain patent protection. After resolution of the confidentiality, regulatory or other issues, or the filing of a patent application or due consideration as to whether a patent application can reasonably be filed, but in no event more than ninety (90) days [c.i.] after notification of the submitting Party as provided above, the submitting Party shall be free to submit the written material manuscript and/or make its public oral disclosure in a manner consistent with academic standards. If the submitting Party declines to file an appropriate patent application, then either DUSA or Schering, as the case may be, may undertake to file such application in accordance with Section 14.3 below.
Appears in 1 contract
Samples: Marketing, Development and Supply Agreement (Dusa Pharmaceuticals Inc)