Common use of Filing of Patents Clause in Contracts

Filing of Patents. In consultation with the Patent Coordinators, the JSC will coordinate the determination of what patents will be filed on Technology developed under the R & D Program. Each party will be responsible for the filing and prosecution (including the defense of interferences and similar proceedings) of any such patents for which it is the sole inventor, provided that the other party will have the opportunity to provide substantive review and comment on any such filing and prosecution. Responsibility for filing and prosecution of patents (including the defense of interferences and similar proceedings) on Joint Technology will be agreed upon by the parties on a case-by-case basis and handled by mutually acceptable outside patent counsel charged with the duty to act in the best interests of both parties. Each party shall also promptly give notice to the other of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights for which it has responsibility. If at any time, either party wishes to discontinue the prosecution of any such patent(s) owned solely by it, such party shall promptly give notice of such intention to the other party. The party receiving such notice shall have the right, but not the obligation, to assume responsibility for the prosecution of any such patent(s) by giving notice to the party wishing to discontinue such prosecution of such intention within thirty (30) days and such patents shall thereafter be exclusively licensed to the party assuming the responsibility for prosecution or maintenance of the Patent Right under this Agreement, in accordance with the license grant of Section 8 hereof.

Filing of Patents. In consultation with (a) Subject to the provisions of this Section 8.6, the Party owning the Patent CoordinatorsRights shall have the right and the responsibility for patent filing, the JSC will coordinate the determination of what patents will be filed on Technology developed under the R & D Program. Each party will be responsible for the filing prosecution and prosecution maintenance (including the defense of interferences interferences, oppositions and similar proceedings) of any such patents for which it is (collectively, “Patent Activities”). Such Patent Activities shall be at the discretion and at the sole inventorexpense of the applicable owner, using patent counsel of such owner’s choice. (b) Each Party shall notify the other, in writing prior to any filing, of its intention to file any patent application claiming an invention made in connection with the Research Program and the ownership of which is governed by Sections 8.2(c), 8.2(d), or 8.2(e) above, including identification of each country and regional patent office in which the Party intends to file patent applications claiming priority to an earlier filed patent application, and shall at the request of the other Party promptly provide the other with copies of all patent prosecution and maintenance documentation and correspondence so that the other shall be currently and promptly informed of the continuing prosecution and maintenance of patent applications and patents claiming or disclosing inventions made in connection with the Research Program. The Parties will provide reasonable cooperation to each other with respect to each other’s Patent Activities, provided that the other party will neither Party shall have the opportunity any obligation to provide substantive review and comment on incur out of pocket expenses or to engage in any legal or administrative proceedings in providing such filing and prosecution. Responsibility for filing and prosecution of patents cooperation. (including the defense of interferences and similar proceedingsc) on Joint Technology will be agreed upon by the parties on a case-by-case basis and handled by mutually acceptable outside patent counsel charged with the duty to act in the best interests of both parties. Each party shall also promptly give notice to the other of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights for which it has responsibility. If at any time, either party time the Party responsible for Patent Activities pursuant to Section 8.6(a) above (the “Responsible Party”) does not wish to file or wishes to discontinue the prosecution or maintenance of any such patent(s) owned solely by itpatent application or patent filed in any country, such party on a country-by-country basis, which is included in the Patent Rights, it shall promptly give notice of such intention to the other partyParty. The party receiving If such notice other Party then has an exclusive license under such patent application or patent pursuant to this Agreement or the License Agreement, then such other Party shall have the right, but not the obligation, to assume responsibility for the prosecution of any such patent(s) Patent Rights in the applicable country, at its own expense, by giving notice to the party wishing to discontinue such prosecution Responsible Party of such intention within thirty (30) days and days. In such patents event, the Responsible Party shall thereafter be exclusively licensed assign all of its rights in such Patent Rights to the party Party assuming the responsibility for prosecution or maintenance and costs of the Patent Right Activities for use only in the Syngenta Exclusive Field if the assignee is Syngenta and for use only outside the Syngenta Exclusive Field if the assignee is Diversa. (d) Each Party agrees to cooperate fully in the preparation, filing, and prosecution of any Patent Rights under this Agreement, including, without limitation, executing all papers and instruments, or requiring its employees or consultants, to execute such papers and instruments as may be reasonably required, so as to effectuate the ownership of Research Results, Patent Rights and Know-How set forth in accordance with Sections 8.1 and 8.2 and to enable the license grant of Section 8 hereofother Party to apply for and to prosecute patent applications in any country. The Parties agree to follow the patent strategy cooperation procedures set forth in Exhibit C hereto.

Filing of Patents. In consultation with the Patent Coordinators, the JSC will coordinate the determination of what patents will be filed on Technology developed under the R & D Program. Each party will be responsible for the filing and prosecution (including prosecution, [*] and such other countries as the defense responsible party shall select, of interferences patents on Technology solely owned or solely invented by such party and similar proceedings) of any such patents for on Joint Technology which it principally relates to its own Technology and which is developed during the sole inventorR&D Program, provided that the other party will have the opportunity to provide substantive review and comment on any such prosecution solely as it relates to claims in the Field. Without limiting the generality of the foregoing, patents on Joint Technology relating to [*] shall be filed and prosecuted by AGT, and patents on Joint Technology relating to [*] shall be filed and prosecuted by GENOVO, except that patents on Joint Technology relating to the use of [*] shall be filed and prosecuted by AGT. Portions of any documents relating to any such prosecution not related to the Field may be redacted by a party prior to provision to the other party. Except as set forth above, responsibility for filing and prosecution. Responsibility for filing , [*] and prosecution such other countries as the Management Committee shall select, of patents (including the defense of interferences and similar proceedings) on Joint Technology not principally related to either AGT Technology alone or GENOVO Technology alone will be agreed upon by the parties on a case-by-case basis and handled by mutually acceptable outside patent counsel charged with the duty to act in the best interests of both partiesthe Joint Venture. Each party shall also promptly give notice to the other of the initiation of any interference, opposition, reissue, reexamination or revocation proceeding and the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights for which it has responsibility. If at any time, either party wishes to discontinue the prosecution of any such patent(s) owned solely by it, such party shall promptly give notice of such intention to the other party. The party receiving such notice shall have the right, but not the obligation, to assume responsibility for the prosecution of any such patent(s) by giving notice to the party wishing to discontinue such prosecution of such intention within thirty (30) days and such patents shall thereafter be exclusively licensed to the party assuming the responsibility for prosecution or maintenance of the Patent Right under this Agreement, in accordance with the license grant of Section 8 hereof.Patent