Filing and Prosecution of Patents. XXXXX and PFIZER shall cooperate in connection with the continued prosecution and maintenance by XXXXX of the patents under the Xxxxx Patent Rights applicable to the Field, with XXXXX having responsibility for such activities. [********************************************************************************************* *******************************************************]. If PFIZER desires that XXXXX file any application for a patent on improvements and variations upon inventions disclosed in the patents under the Xxxxx Patent Rights applicable to the Field or otherwise relating to the Compound, any Research Compound or any Licensed Product, PFIZER shall advise XXXXX of such improvements, variations or inventions. Provided that XXXXX has no reasonable objection thereto, XXXXX shall thereupon file patent applications as requested, and PFIZER shall pay reasonable, out-of-pocket expenses, including reasonable fees for outside patent counsel, for filing and prosecuting such requested patent applications. XXXXX shall consult PFIZER and keep PFIZER informed of all material matters relating to the preparation, filing, prosecution and maintenance of Xxxxx Patent Rights applicable to the Field, including, without limitation, any matters relating to the matter set forth on Schedule 10.1(a)(ii). In addition, XXXXX shall provide PFIZER with copies of all material correspondence with all applicable patent offices in such a manner as to allow PFIZER a meaningful opportunity to comment, and PFIZER shall have reasonable access to all documentation, filings and communications to or from the applicable patent offices. XXXXX, its agents and its attorneys shall give due consideration to all suggestions and comments of PFIZER regarding any aspect of such patent preparation, filing, prosecution and maintenance. In addition, XXXXX shall take all necessary steps to maintain for the full life thereof all patents under the Xxxxx Patent Rights applicable to the Field. With respect to reasonable out-of-pocket costs in connection with the prosecution and maintenance of the Xxxxx Patent Rights applicable to the Field, PFIZER shall pay [****] of such costs for those patents listed in Section I of Exhibit A attached hereto and [****] of such costs for all other Xxxxx Patent Rights applicable to the Field. In addition, if, at any time, XXXXX licenses or otherwise transfers to a Third Party any Rejected Program ODN (as defined in the Screening and Evaluation Agreement) or any Rejected...
Filing and Prosecution of Patents. 7.2.1 Each Party shall timely inform the other in writing of any improvement or development made by such Party relating, respectively, to the ELAN INTELLECTUAL PROPERTY, the SHEFFIELD INTELLECTUAL PROPERTY, and/or the NEWCO INTELLECTUAL PROPERTY so that any patent protection that may be available for any such improvement or development is not compromised.
7.2.2 NEWCO shall prepare, prosecute and maintain all patents applications and issued patents relating to the inventions, improvements and other intellectual property set forth in paragraphs (ii), (iii), (iv) and (vi) in Article
7.1. With respect to such preparation, prosecution and maintenance activities, NEWCO shall timely apprise ELAN of the status of any such activity and shall inform SHEFFIELD of the status of such activity if such inventions have application in the TOPICAL PULMONARY FIELD. In the event NEWCO shall decide not to seek patent protection for any such intellectual property, ELAN shall have the option to take control of such prosecution. In the event that ELAN shall determine, in good faith, that any patents applications and issued patents relating to the inventions, improvements and other intellectual property set forth in paragraphs (ii), (iii), (iv) and (vi) in Article 7.1 predominantly relates to an area other than the FIELDS, ELAN shall have the option to take control of the preparation, prosecution and maintenance of patent protection directed to such intellectual property. In the event that ELAN does not exercise such right, NEWCO shall have the option to take responsibility for the preparation, prosecution and maintenance of patent protection directed to such intellectual property.
Filing and Prosecution of Patents. The Responsible Party shall diligently file, prosecute, seek prompt issuance of, and maintain patent applications according to its own internal standards for effectively covering other inventions made by its employees or consultants. The Responsible Party will endeavor to ensure that all patent applications are filed before any public disclosures so as to ensure validity of patent applications filed outside of the United States. The Responsible Party will submit a substantially complete draft of each patent application to the other Party at least thirty (30) days prior to the contemplated filing date and consider any comments of the other Party, provided that in those circumstances where the Responsible Party believes time is of the essence, the Responsible Party will endeavor to provide the other with such advance notice as it reasonably can under the circumstances. Alexion and Procter & Xxxxxx will xxxxxx with each other regarding the prosecution of such Patent Applications and will copy each other with any official action and submission in such Patent Applications. Except where otherwise noted, Procter & Xxxxxx will be responsible for expenses associated with filing, prosecution and maintenance of Procter & Xxxxxx patents and Alexion will be responsible for expenses associated with its patents.
Filing and Prosecution of Patents. The Responsible Party shall, at its expense, diligently file, prosecute, issue, and maintain patent applications according to its own internal standards and for effectively covering other inventions made by its employees or consultants. The Responsible Party will endeavor to ensure that all patent applications are filed before any public disclosures so as to ensure validity of patent applications filed outside of the United States. The Responsible Party will submit a substantially complete draft of each patent application to the other Party at least thirty (30) days prior to the contemplated filing date and consider any comments of the other Party, provided that in those circumstances where the Responsible Party believes time is of the essence, the Responsible Party will endeavor to provide the other with such advance notice as it reasonably can under the circumstances. Regeneron and Procter & Gamble will confer with each other regarding the prosecution of such Xxxxxt Applications and will copy each other with any official action and submission in such Patent Applications.
Filing and Prosecution of Patents. The Responsible Party shall diligently file, prosecute, issue, and maintain patent applications according to its own internal standards and for effectively covering other inventions made by its employees or consultants. The Responsible Party will endeavor to ensure that all patent applications are filed before any public disclosures so as to ensure validity of patent applications filed outside of the United States. The Responsible Party will submit a substantially complete draft of each patent application to the other Party at least thirty (30) days prior to the contemplated filing date and consider any comments of the other Party, provided that in those circumstances where the Responsible Party believes time is of the essence, the Responsible Party will endeavor to provide the other with such advance notice as it reasonably can under the circumstances. Regeneron and Procter & Xxxxxx will confer with each other regarding the prosecution of such Patent Applications and will copy each other with any official action and submission in such Patent Applications.
Filing and Prosecution of Patents. (a) During the term of the Agreement, BTC or any Sublicensee, pursuant to any sublicense agreement, shall have the right to, and in the reasonable exercise of its commercial discretion, prepare, file, prosecute, maintain, renew and defend all of the patents and applications included within the University Patents in the countries where such University Patents are filed as of the Effective Date. In the event that neither BTC nor any of its Sublicensees intend to file for patent protection or wish to continue preparation, prosecution, or maintenance of the patents and applications included within the University Patents, then BTC shall give at least thirty (30) days advance notice to the Research Foundation, and in no event less than a reasonable period of time for the Research Foundation to act. In such case, the Research Foundation shall have the right to prepare, file, prosecute, maintain, renew and defend all of the patents and applications included within the University Patents in the countries where such University Patents are filed as of the Effective Date.
(b) BTC shall be responsible for all costs and expenses incurred for such prosecution and maintenance. At BTC’s or any of its Sublicensee’s request, the Research Foundation shall cooperate and provide BTC or such Sublicensee with all necessary assistance and documentation in connection with the filing, prosecution and maintenance of all applications included within the University Patents. At the request of the Research Foundation, BTC or its Sublicensee will provide the Research Foundation with reports relating to the filing, prosecution and maintenance of the University Patents and copies of any intended filings.
Filing and Prosecution of Patents. Except as otherwise provided herein, each party shall be responsible, as it shall determine, for the filing and prosecution of any and all patent applications with respect, in whole or in part, to its own intellectual property and for the maintenance of any available patent protection with respect thereto, and Penwest or Endo, as the case may be, will be responsible for the filing and prosecution of any and all Penwest or Endo patent applications with respect to the Penwest Product Technology or the Endo Product Technology, as the case may be, subject to reasonable consultation with the other party and with due regard to reasonable concerns, if any, expressed by either party as to the impact such a filing and prosecution may have on its other rights and technologies; PROVIDED, HOWEVER, that neither party commits that any such patent protection will be available or continuous hereunder but each party shall exert Best Commercial Efforts to secure and to maintain in force the patent protection under the Product Technology Patents.
Filing and Prosecution of Patents. TCS shall with respect to TCS inventions, and Novartis shall with respect to Novartis inventions, use reasonable efforts to file and prosecute TCS Patents and Novartis Patents claiming those inventions respectively. Each Party shall give the other reasonable opportunity to review and comment on any patent application filed and its prosecution. TCS shall have the right, but not the obligation, with respect to Novartis Patents, and Novartis shall have the right, subject to JHU's rights under the JHU Agreement, but not the obligation, with respect to TCS Patents, to assume responsibility for any Novartis Patents or TCS Patents which Novartis or TCS intends to abandon or otherwise cause or allow to be forfeited. Subject to the rights granted by TCS to JHU pursuant to the JHU Agreement, Novartis shall have the option, but not the obligation, to file patent applications for any jointly developed inventions at Novartis' cost in the joint names of TCS and Novartis. If Novartis notifies TCS that it does not wish to file patent application(s) on any jointly developed invention, TCS shall be free to do so at TCS' cost in the joint names of TCS and Novartis.
Filing and Prosecution of Patents. DIVERSA will be responsible, at its sole expense, for the patent filing, prosecution and maintenance of its inventions under Appendix B. Inventions, patent applications, and patents listed on Appendix B-1 shall be available, upon designation in accordance with Section 2.2 herein, as a Licensed Enzyme or Licensed Product under the LLC License. Inventions, patent applications, and patents listed on Appendix B-2 shall be available, if necessary, for the Approved Fields as a grant for either a hold harmless from prosecution to the LLC or as a non-exclusive license for a Licensed Enzyme or Licensed Product under the terms of the LLC License.
Filing and Prosecution of Patents
