Common use of Filing of Patent Applications Clause in Contracts

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 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 Center 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.