Filing and Prosecution. Prior to the exercise of Merrimack’s option to obtain a Commercial License as set forth in Section 3.1(b), Merrimack may wish to file or to have Dyax file (as set forth below) a provisional application. Prior to filing a provisional application, Merrimack shall provide a draft of each such proposed provisional application to Dyax for review and comment and discussion related to inventorship [**] days prior to filing. During the [**] day review period:
(i) Dyax may review and comment upon any such provisional patent application and Merrimack shall incorporate Dyax’s reasonable comments; and
(ii) Merrimack and Dyax shall use reasonable and good faith efforts to reach a common understanding of inventorship of claims.
(A) If Merrimack and Dyax agree that the inventions claimed in the provisional application are Dyax Inventions as defined in Section 5.2(b)(i)(A) or Joint Inventions as defined in Section 5.2(b)(iii), then Dyax will, at Merrimack’s request and expense, file and prosecute any Patent Rights in any country requested by Merrimack with a patent counsel reasonably acceptable to Merrimack. For clarity, this means that Dyax will also file and prosecute any nonprovisional Patent Rights based on such provisional applications prior to Merrimack exercising its right to obtain a Commercial License as set forth in Section 3.1(b). Thereafter, Dyax’s Patent Rights in such Dyax Inventions or Joint Inventions shall be deemed to be included in the rights licensed to Merrimack under Section 3.1. Dyax shall (i) keep Merrimack fully informed as to the filing, prosecution and maintenance of such Patent Rights, (ii) furnish to Merrimack copies of all documents relevant to any such filing, prosecution and maintenance, and (iii) allow Merrimack [**] days to review and comment upon, and to incorporate Merrimack’s reasonable comments into, any such document filed with any patent office with respect to such Patent Rights prior to filing such documents.
(B) If the inventions described in the provisional application are mutually agreed to be Merrimack Inventions or determined to be Merrimack Inventions pursuant to Section 5.3(a)(ii)(C) below, then Merrimack shall have the sole and exclusive right to file and prosecute any Patent Rights based on such provisional application in any country, at Merrimack’s expense.
(C) If Merrimack and Dyax cannot, despite reasonable and good faith efforts, reach a common understanding of inventorship of claims of any such draft provisional appli...
Filing and Prosecution. Ramot shall be responsible for the preparation, filing, prosecution, protection and maintenance of the Ramot Patents and the Joint Patents, using independent patent counsel selected by Ramot who shall be reasonably acceptable to the Company. Ramot shall consult with the Company as to the preparation, filing, prosecution, protection and maintenance of the Ramot Patents and the Joint Patents reasonably prior to any deadline or action with respect to any material decision in the U.S. Patent & Trademark Office or any other patent office and shall take into consideration the Company's opinion and position with respect thereto. Ramot shall deliver copies to the Company of all correspondence with the patent counsel and and shall instruct the patent counsel to do the same.
Filing and Prosecution. Ramot shall be responsible for the preparation, filing, prosecution, protection and maintenance of the Ramot Patents and Joint Patents, using independent patent counsel selected by the Company who shall be reasonably acceptable to Ramot. Ramot shall consult with the Company as to the preparation, filing, prosecution, protection and maintenance of the Ramot Patents and Joint Patents reasonably prior to any deadline or action with respect to any material decision in the U.S. Patent & Trademark Office or any other patent office and shall instruct the patent counsel to furnish the Company with copies of all relevant documents reasonably in advance of such consultation. Following consultation, Ramot shall use its best efforts to accept Company's position and/or accommodate its requests. Ramot shall further instruct the relevant patent counsel to provide the Company with any information concerning the Ramot Patents and Joint Patents requested by the Company.
Filing and Prosecution. JHU, at LICENSEE's expense, shall file, prosecute and maintain all patents and patent applications specified under PATENT RIGHTS. Title to all such patents and patent applications shall reside in JHU. JHU shall have final decision authority over all patent matter. JHU shall (a) request its patent counsel to timely copy LICENSEE on all official actions and written correspondence with any patent office, and (b) allow LICENSEE an opportunity to comment and advise JHU.
Filing and Prosecution. Licensee, at Licensee’s expense, shall have the exclusive right to file, prosecute and maintain all patents and patent applications included in the Patent Rights without an obligation to advise JHU or seek JHU’s input or guidance.
Filing and Prosecution. Protalix shall have the exclusive right, subject to Sections 8.2 through 8.5, to:
Filing and Prosecution. Protalix shall have the exclusive right, subject to Sections 8.2 through 8.5, to:
(a) file Patent Applications on any invention included in the Protalix Patent Rights;
(b) take all reasonable steps to prosecute all pending and new Patent Applications included within the Protalix Patent Rights;
(c) respond to oppositions, interferences, nullity actions, re-examinations, revocation actions and similar proceedings filed by Third Parties against the grant of Patents for such Patent Applications; and
(d) maintain in force any patents in the Territory included within the Protalix Patent Rights by duly filing all necessary papers and paying any fees required by the relevant patent laws and regulations of the particular Country in which the patent was granted.
(e) [***] shall be responsible for bearing [***] percent ([***]%) of the expenses and costs incurred by [***] in connection with the exercise of its rights under this Section 8.1.
Filing and Prosecution. Xxxxx shall be responsible for the preparation, filing, prosecution, protection and maintenance of the Ariel Patents, using independent patent counsel selected by Xxxxx who shall be reasonably acceptable to the Company. Xxxxx shall consult with the Company as to the preparation, filing, prosecution, protection and maintenance of the Ariel Patents reasonably prior to any deadline or action with respect to any material decision in the U.S. Patent & Trademark Office or any other patent office and shall take into consideration the Company's opinion and position with respect thereto. Xxxxx shall deliver copies to the Company of all correspondence with the patent counsel and shall instruct the patent counsel to do the same.
Filing and Prosecution. JHU, at LICENSEE's expense, shall file, prosecute and maintain all patents and patent applications specified under PATENT RIGHTS. Title to all such patents and patent applications shall reside in JHU. JHU shall have final decision authority over all patent prosecution and maintenance matters. JHU shall (a) request its patent counsel to timely copy LICENSEE on all official actions and written correspondence with any patent office, including drafts of responses, (b) allow LICENSEE an opportunity to comment and advise JHU, and (c) consider in good faith comments and advice of LICENSEE and reasonably incorporate such comments into the filings and responses.
Filing and Prosecution. Prosecution of Improvement Patents that are Licensed Patents but are not Joint Improvement Patents is as per Section 8.2. The Parties shall mutually agree which Party shall file, prosecute and maintain the Joint Improvement Patents; provided that if they are unable to agree, [*] The Parties shall cooperate with respect to the filing, prosecution and maintenance of the Joint Improvement Patents. Avigen has the sole right to file, prosecute and maintain Improvement Patents that are solely owned by Avigen.
