Filing and Maintenance of Patents Sample Clauses

Filing and Maintenance of Patents. 3.2.1 In the TERRITORY, LIGAND will be entitled but not obliged, at its own expense, to file and prosecute ELAN PATENTS, to determine the patent filing strategy in relation to same at its sole discretion and upon grant of any letters patent of the ELAN PATENTS, to maintain such letters patent in force. 3.2.2 Should LIGAND elect not to file or not to continue the maintenance or prosecution of any case under the ELAN PATENTS in the TERRITORY, it shall notify ELAN of such decision. Upon ELAN's request and at ELAN's expense, LIGAND shall return control of the ELAN PATENT(S) that were the subject of the election to ELAN in a timely manner to allow ELAN to continue with the prosecution or maintenance of the ELAN PATENTS in the TERRITORY. Any case under the ELAN PATENTS in the TERRITORY that LIGAND chooses not to continue to maintain or prosecute will be removed from the license by ELAN to LIGAND under CLAUSE 2.1.

Filing and Maintenance of Patents. The Party whose employees or agents make PAF-AH Technology inventions (the "Inventing Party") shall, in consultation with the other Parties, file such patent applications as are reasonably required to [ * ] and thereafter shall use reasonable diligence, under the circumstances, to prosecute and maintain in force any resulting patent rights. The Company shall (with any reimbursement under the License Agreements) pay the reasonable costs and expenses (including attorneys' fees) * Confidential Treatment Requested incurred in connection with such filing, prosecution or maintenance; provided, that to the extent an application or patent includes subject matter not covering the manufacture, use or sale of products in the Field of Activity, the Inventing Party shall pay an equitable pro rata share of such costs and expenses. If the Inventing Party declines to file, prosecute or maintain any such patent application or patent, [ * ].

Filing and Maintenance of Patents. 3.3.1 ELAN will be entitled, at its own expense, to file and prosecute ELAN PATENTS and patentable ELAN IMPROVEMENTS made solely by ELAN; to determine the patent filing strategy in relation to same at its sole discretion; to assert and defend the foregoing patent applications against third party oppositions; and upon grant of any letters patent, to maintain such letters patent in force subject to the following conditions: (1) ELAN shall promptly notify MINIMED in writing in relation to the existence of ELAN improvements, or any other intellectual property rights which may be relevant to this Agreement and upon request by MINIMED, ELAN shall provide MINIMED with copies of any documents relating to the ELAN improvements or other intellectual property rights in question. (2) ELAN shall promptly notify MINIMED in writing of any patent applications filed by ELAN under this Clause 3.3.1 and upon request by MINIMED shall provide copies to MINIMED to such patent applications and any patents issuing thereon, to the extent reasonably required in order for MINIMED to fulfil its obligations under this Agreement; 3.3.2. Elan shall inform MiniMed in a timely fashion of its intent to seek patent protection on an Elan Improvement developed jointly between Elan and MiniMed. At MiniMed's request, Elan shall cooperate with MiniMed's patent counsel to seek concurrent patent protection for such an Elan Improvement as it relates to the Product and System. The parties will cooperate to seek such concurrent protection so that neither party shall be the owner of any patent, application or publication that may be used as prior art against the other, or otherwise be a bar to the other in obtaining patent protection for such improvement as it relates to the Elan Improvements. 3.3.3. If ELAN does not intend to make an application for patents or continue prosecution of a pending application in respect of, or continue to maintain the ELAN PATENTS or ELAN IMPROVEMENTS in any or some countries of the TERRITORY in relation to the FIELD, MINIMED will be entitled to file, prosecute and maintain patent applications and patents in respect thereof, at its own expense, in accordance with the following terms:- (1) MINIMED shall consult with ELAN on a regular basis in relation to the status of its activities under this Clause 3.3.3; (2) ELAN shall execute all documents, forms and declarations, provide all necessary information and data, and do all such things as shall be necessary to enable MINIME...

Filing and Maintenance of Patents. Demeter shall have the exclusive worldwide right but not the obligation, at its own cost and expense, to file for any patents encompassing all or a part of the Technology and Improvements; subject, however, to any Third-Party Rights in the Technology and Improvements. In the event Demeter elects to file for any such patents, Jaynxx xxxees to cooperate with and provide all reasonable assistance to Demeter in filing for such patents, including using its best efforts to obtain the consent of, and assignment to Demeter of any persons who have Third-Party Rights in the Technology and Improvements.

Filing and Maintenance of Patents. Licensor shall in good faith file, prosecute, and maintain all Licensed Patents in the Licensed Territory at its sole discretion and expense (except for Co-Owned Patents for so long as Licensee has exclusive rights to First Generation Exclusive Licensed Products), and except as follows. With respect to Licensed Patents which include claims that cover First Generation Exclusive Licensed Products, for so long as Licensee has exclusive rights to any First Generation Exclusive Licensed Product, Licensor shall keep Licensee informed with respect to the course and conduct of patent applications and prosecution matters. With respect only to Licensed Patents which include claims that cover First Generation Exclusive Licensed Products, Licensor shall use best efforts to incorporate claims and arguments suggested by Licensee, provided said arguments would not materially limit Licensor's ability to prosecute or enforce claims directed to products and methods outside the definition of First Generation Exclusive Licensed Products. Licensee represents, warrants and covenants that it will not make suggestions for claims and arguments that, in good faith, Licensee knows or should know would limit the scope of Licensed Patents so as to not cover (directly or under the Doctrine of Equivalents) any product or method of use of a product marketed or to be marketed by Licensee. Licensor shall prosecute and maintain Licensed Patents in the [*]. At Licensee's expense, Licensor will prosecute and maintain Licensed Patents in [*] and any other countries as Licensee may request. Notwithstanding the foregoing in this Article 9, Licensee shall have the sole right to file, prosecute, and maintain the Co-Owned Patents for so long as Licensee has exclusive rights to First Generation Exclusive Licensed Products, provided that Licensee shall keep Licensor informed with respect to the course and conduct of patent applications and prosecution matters.

Filing and Maintenance of Patents. The Company shall, in --------------------------------- consultation with Amgen and Kirin, file such patent applications as are reasonably required to exploit any EPO Technology and thereafter shall use reasonable diligence, under the circumstances, to prosecute and maintain in force any resulting patent rights.

Filing and Maintenance of Patents. RTP shall initially select those countries or patent offices where it wishes to have patents filed or maintained to perfect or protect the Patent Rights. At the request of SPARTA, RTP shall undertake filings in those countries or patent offices where SPARTA wishes to have patents filed or maintained to perfect or protect the Patent Rights which were not initially selected by RTP. RTP shall take steps which are necessary to file, obtain (if possible) and maintain such patent protection and RTP shall have the right to select patent counsel to carry out the filings, but it shall consult with and keep SPARTA fully informed regarding the status of such filings and the selection of counsel. SPARTA shall pay to RTP SPARTA's Fraction of said patent filing and maintenance expenses; provided, however that if said patent filing or other related patent protection or maintenance activity solely relates to the Patent Rights within the Field, or if SPARTA has requested a filing in a country were RTP had previously elected not to file, SPARTA shall be responsible for payment of One Hundred Percent (100%) of such costs. SPARTA shall have the right, at its own cost and expense to file for any patents encompassing all or a part of the Licensed Rights in any country which RTP fails to file hereunder, provided that the patent counsel who shall undertake such filings must be approved by RTP, which approval shall not be unreasonably withheld. Upon request by SPARTA, and at SPARTA's expense, RTP shall prepare and execute such documents and take such other actions as are reasonably necessary and appropriate to seek extension of the term of any patents included within the Patent Rights pursuant to the terms of the Patent Term Restoration Act of 1984. RTP shall have the authority to select counsel and control the content of such filings, but it shall consult with and keep SPARTA fully informed regarding the status of such filings and the selection of counsel.

Filing and Maintenance of Patents. Providing procedures for the timely filing, prosecution, and maintenance of patents to secure legal protection for innovations. • Use and Licensing of IP: Establishing guidelines for the authorized use, licensing, and commercialization of the company's IP to maximize its value and avoid unauthorized use.

Filing and Maintenance of Patents. Cira xxxll have responsibility for the preparation, prosecution and maintenance of patent applications and patents covering the Technology. Neoprobe shall have the right to designate the countries in which foreign counterparts will be filed corresponding to a United States patent application. Neoprobe shall bear all costs associated with such foreign filing; provided however, that Cira xxxll be responsible for the prosecution of such foreign applications. In the event Cira xxxuld license the same foreign Patent Rights to a third party for use in a field outside the scope of this Agreement, Cira xxxll equitably apportion the foreign patent expenses among all of the licensees of foreign Patent Rights.

Filing and Maintenance of Patents