Common use of Delay of Publication Clause in Contracts

Delay of Publication. Prior to the expiration of the thirty (30) day period specified in Section 5.2 above, the other party may notify the submitting party in writing of its determination that such oral presentation or manuscript contains confidential or proprietary material of such other party 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 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 sixty (60) days after the submitting party's receipt of the notice described above, the submitting party shall be free to submit the manuscript and/or make its public oral disclosure, subject to Article 16 below.

Appears in 2 contracts

Samples: Development and Commercialization Agreement (Neurocrine Biosciences Inc), Development and Commercialization Agreement (Neurocrine Biosciences Inc)

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Delay of Publication. Prior to the expiration of the thirty (30) day period specified in this Section 5.2 above2.5, the other party Development Committee may notify the submitting party in writing of its determination that such oral presentation or manuscript contains confidential or proprietary objectionable material of such other party 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 Development Committee to determine the best course of action to take in order to modify the disclosure or to obtain patent protection. After resolution of the confidentiality, regulatory or other commercial 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 sixty (60) days after the submitting party's receipt of the notice described above, the submitting party shall be free to submit the manuscript and/or make its public oral disclosure, subject to Article 16 below.. If the

Appears in 2 contracts

Samples: Agreement (Introgen Therapeutics Inc), Agreement (Introgen Therapeutics Inc)

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