Filing of Patent Applications. Each Party will make timely decisions regarding the filing of Patent Applications on the CRADA Subject Inventions made solely by its employee(s), and will notify the other Party in advance of filing. Collaborator will have the first opportunity to file a Patent Application on joint CRADA Subject Inventions and will notify PHS of its decision within sixty (60) days of an Invention being reported or at least thirty (30) days before any patent filing deadline, whichever occurs sooner. If Collaborator fails to notify PHS of its decision within that time period or notifies PHS of its decision not to file a Patent Application, then PHS has the right to file a Patent Application on the joint CRADA Subject Invention. Neither Party will be obligated to file a Patent Application. Collaborator will place the following statement in any Patent Application it files on a CRADA Subject Invention: “This invention was created in the performance of a Cooperative Research and Development Agreement with the [INSERT into Agency’s model as appropriate: National Institutes of Health, Food and Drug Administration, Centers for Disease Control and Prevention], an Agency of the Department of Health and Human Services. The Government of the United States has certain rights in this invention.” If either Party files a Patent Application on a joint CRADA Subject Invention, then the filing Party will include a statement within the Patent Application that clearly identifies the Parties and states that the joint CRADA Subject Invention was made under this CRADA.
Filing of Patent Applications. During the course of the sixty (90) calendar day period discussed above, the Seller shall provide notice to the Buyer as to whether the Seller desires that a patent application be filed on any invention disclosed in such materials. In the event that the Seller to whom such Confidential and/or Proprietary Information belongs desires that such a patent application be filed, the Seller or the Government proposing to publish or disclose such materials agrees to withhold publication and disclosure of such materials until the occurrence of the first of the following:
(a) Filing of a patent application covering such invention, or
(b) Written agreement, from the USG and the Buyer that no patentable invention is disclosed in such materials. Further, during the course of any such sixty (90) calendar day period, the Seller shall notify the USG, through the Buyer, if the Seller believes any of its Confidential and/or Proprietary Information has been included in the proposed publication or disclosure and shall identify the specific Confidential and/or Proprietary Information that needs to be removed from such proposed publication. The Buyer agrees to remove from the proposed publication or disclosure all such Confidential and/or Proprietary Information so identified by the Seller.
Filing of Patent Applications. Each party shall be responsible for filing patent or other IP applications in a timely manner and at its own expense and after consultation with the other Party. The Parties will consult and mutually determine a filing strategy for jointly-owned subject inventions.
Filing of Patent Applications. 7.4.4.1 Filing of Patent Applications on Solely Made Inventions
7.4.4.2 Filing of Patent Applications on Jointly Made Inventions
7.4.4.3 Preserving Intellectual Property Rights
7.4.4.4 Filing Deadlines
7.4.4.5 Copies and Inspection 7.4.4.5.1 Copies of Prosecution Papers
Filing of Patent Applications. 7.4.4.1 Filing of Patent Applications on Solely Made Inventions Each Collaborator has primary responsibility for filing Patent Applications on the Subject Inventions of its employee(s). Notwithstanding such primary responsibility, by mutual agreement, the Collaborators may identify which Collaborator shall file a Patent Application on any Subject Invention.
7.4.4.2 Filing of Patent Applications on Jointly Made Inventions In the case of an Invention jointly Made by employees of both Collaborators, the Collaborators shall confer and agree as to which Collaborator will file any Patent Application. Officers of the non-filing Collaborator shall cooperate with the filing Collaborator to obtain signatures on documents that are needed to file a Patent Application.
Filing of Patent Applications. The party having the right to retain title to, and file patent applications on, a specific Subject Invention may elect not to file patent applications, provided it so advises the other party within 90 days from the date it reports the Subject Invention to the other party. Thereafter, the other party may elect to file patent applications on the Subject Invention and the party initially reporting the Subject Invention agrees to assign its ownership interest in the Subject Invention to the other party.
Filing of Patent Applications. With respect to Subject Inventions made by the Collaborator as described in Article 6.2, or by PHS as described in Article 6.3, a Party exercising its right to elect to retain IP rights to a Subject Invention agrees to file patent or other IP applications in a timely manner and at its own expense and after consultation with the other Party. The Party shall notify the other Party of its decision regarding filing in countries other than the United States in a timely manner. The Party may elect not to file a patent or other IP application thereon in any particular country or countries provided it so advises the other Party ninety (90) days prior to the expiration of any applicable filing deadline, priority period or statutory bar date, and hereby agrees to assign its IP right, title and interest in such country or countries to the Subject Invention to the other Party and to cooperate in the preparation and filing of a patent or other IP applications. In any countries in which title to patent or other IP rights is transferred to the Collaborator, the Collaborator agrees that PHS inventors will share in any royalty distribution that the Collaborator pays to its own inventors.
Filing of Patent Applications. The party retaining title to a Subject Invention shall file patent applications in a timely manner; the Cooperator shall be responsible for filing patent applications for joint Subject Inventions between the Cooperator and the Laboratory in a timely manner. The filing party may elect not to file a patent application in any particular country or countries provided it so advises the other party ninety (90) calendar days prior to the expiration of any applicable filing deadline, priority period, or statutory bar date. The party electing not to file shall assign its intellectual property right, title, and interest in such country or countries to the Subject Invention to the other party and shall cooperate in the preparation and filing of patent applications, provided the other party agrees to file a patent application in such country or countries. Any license or assignment by the Government to the Cooperator shall be subject to reservation of patent licenses in favor of the Government as required in paragraph 5.2. Any license or assignment by the Cooperator to the Government shall be subject to reservation of a paid-up license in favor of the Cooperator to practice the assigned Subject Invention throughout the world.
Filing of Patent Applications. The party having the right to retain title and file patent applications on a specific Subject Invention may elect not to file patent applications, provided it so advises the other party within 300 days from the date it reports the Subject Inventions to the other party. Thereafter, the other party may elect to file patent applications on the Subject Invention and the party initially reporting the Subject Invention agrees to assign its right, title, and interest in the Subject Invention to the other party. The assignment of the entire right, title, and interest to the other party, pursuant to this paragraph, shall be subject to the retention by the party assigning title of a nonexclusive, irrevocable, transferable, paid-up license to practice, or have practiced, the Subject Invention the world.
Filing of Patent Applications. CLASSIFIED SUBJECT MATTER (DEC 2007) (Applies if Work or any patent application may cover classified subject matter. Notes 5 and 6 apply.)
