FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Invention (hereinafter Inventing Party) shall have the first opportunity to file U.S. and foreign Patent applications. If Participant does not file such applications within one (1) year after election, or if Contractor does not file such applications within the filing time specified in its prime contract, the other Party to this CRADA exercising an option pursuant to Article XV may file Patent applications on such Subject Inventions. If a Patent application is filed by the other Party (hereinafter Filing Party), the Inventing Party shall reasonably cooperate and assist the Filing Party, at the Filing Party's expense, in executing a written assignment of the Subject Invention to the Filing Party and in otherwise perfecting the Patent application, and the Piling Party shall have the right to control the prosecution of the Patent application. The Parties shall agree between themselves as to who will file Patent applications on any joint Subject Invention.
B. The Parties agree that DOE has the right to file patent applications in any country if neither Party desires to file a patent application for any Subject Invention. Notification of negative intent shall be made in writing to the DOE Contracting Officer within three (3) months of the decision of the non-Inventing Party to not file a patent application for the Subject Invention pursuant to Article XV or not later than sixty (60) days prior to the time when any statutory bar might foreclose filing of a U.S. patent application.
C. The Parties agree to include within the beginning of the specification of any U.S. Patent application and any patent issuing thereon (including foreign Patents) covering a Subject Invention, the following statement: "This invention was made under a Cooperative Research and Development Agreement 04-CR-09 between Applied DNA Sciences, Inc. and Bxxxxxx BWXT Idaho, LLC under Cxxxxxxx Xx. XX-XX00-00XX00000, awarded by the United States Department of Energy. The United States Government has certain rights in the invention."
D. A Party electing title or filing a Patent application in the U.S. or in any foreign country shall advise the other Party and DOE if it no longer desires to continue prosecution, pay maintenance fees, or retain title in the U.S. or any foreign country. The other Party and then DOE will be afforded the opportunity to take title and retain the Patent rights in the U.S...
FILING PATENT APPLICATIONS. For a period of _____ (__) days from written disclosure of any University Invention or Joint Invention pursuant to Section 5.05 (such period, the “Filing Decision Period”), XYZ shall have the right, in its sole discretion and at its request and expense, to have University file Patent applications for such Invention in any and all countries of the world which XYZ, in its sole judgment, determines are of sufficient interest to merit such filing. Patent applications relating to any University Invention shall be filed, prosecuted and maintained by University in its name, using patent counsel acceptable to XYZ. Patent applications relating to any Joint Invention shall be filed, prosecuted and maintained by University [XYZ] using patent counsel acceptable to XYZ [University].
FILING PATENT APPLICATIONS. Subject to negotiation, the Collaborating Party shall have the first option to file a joint patent application on any joint Subject Invention Made under this Agreement, which option shall be exercised by giving notice in writing to the FAA and by filing a patent application in the U.S. Patent and Trademark Office (USPTO) within six (6) months after written notice is given. If the Collaborating Party elects not to file or not to continue prosecution of a patent application on any such Invention in any country or countries, the Collaborating Party shall notify the FAA thereof at least three (3) months prior to the expiration of any applicable filing or response deadline, priority period or statutory bar date. In any country in which the Collaborating Party does not file, or does not continue prosecution of, or make any required payment on, an application or patent on any such Invention, the FAA may file, or continue prosecution of, or make any required payment on, an application or patent. The Collaborating Party then assigns to the FAA whatever right, title and interest the Collaborating Party has in and to such Invention.
FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Inventions (Inventing Party) shall have the first opportunity to file U.S. and foreign patent applications. If the Participant does not file such applications within one year after election, or if the University does not file such applications within the filing time specified in its prime contract, then the other Party to this CRADA exercising an option pursuant to Article XV may file patent applications on such Subject Inventions. If a patent application is filed by the other Party (Filing Party), the Inventing Party shall reasonably cooperate and assist the Filing Party, at the Filing Party's expense, in executing a written assignment of the Subject Invention to the Filing Party and in otherwise perfecting the patent application, and the Filing Party shall have the right to control the prosecution of the patent application. The Parties shall agree between themselves as to who will file patent applications on any joint Subject Invention.
B. The Parties agree that DOE has the right to file patent applications in any country if neither Party desires to file a patent application for any Subject Invention. Notification of such negative intent shall be made in writing to the DOE Contracting Officer within three (3) months of the decision of the non- inventing party to not file a patent application for the Subject Invention pursuant to Article XV, or not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. patent application.
FILING PATENT APPLICATIONS. A party who owns Patent Rights to an Agreement Invention may, in its sole discretion, file patent applications claiming those Patent Rights. The owning party may file anywhere in the world, solely in its own name, and at its own expense. The party who owns Patent Rights to an Agreement Invention need not file any patent application for it and need not maintain any patent application it has filed.
FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Inventions shall have the responsibility for filing and prosecuting any U.S. and foreign patent application(s) thereon.
B. The Parties agree that if neither Party desires to file a patent application for any invention, notification of such negative intent shall be made to the DOE within twelve (12) months after the initial disclosure of such invention, but not later than sixty (60) days prior to the time when any statutory bar might foreclose filing of a U.S. patent application. The Participant further agrees to notify the Contractor promptly if it decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in a re- examination or opposition proceeding on, a patent on a Subject Invention. The purpose of the foregoing notification is to allow the Government to file patent applications and/or continue prosecution, maintenance or defense of a patent in its own name if it so chooses, and each of the Parties agrees to provide the necessary documents to enable the Government to do so. The obligation contained in Article VIII, Paragraph B prohibiting licensing shall extinguish upon a decision by Participant not to file, prosecute, maintain or defend a patent application hereunder.
FILING PATENT APPLICATIONS. The Collaborator shall have the first option to file a patent application on any INVENTION MADE Under this Agreement, which option shall be exercised by giving notice in writing to the Air Force Activity within three (3) months after disclosure of the INVENTION under paragraph 5.1, and by filing a patent application in the U.S. Patent and Trademark Office within six (6) months after written notice is given. If the Collaborator elects not to file or not to continue prosecution of a patent application on any such INVENTION in any country or countries, the Collaborator shall notify the Air Force Activity thereof at least three (3) months prior to the expiration of any applicable filing or response deadline, priority period or statutory bar date. In any country in which the Collaborator does not file, or does not continue prosecution of, or make any required payment on, an application or patent on any such INVENTION, the Air Force Activity may file, or continue prosecution of, or make any required payment on, an application or patent, and the Collaborator agrees, upon request by the Air Force Activity, to assign to the GOVERNMENT all right, title and interest of the Collaborator in any such application or patent and to cooperate with the Air Force Activity in executing all necessary documents and obtaining cooperation of its employees in executing such documents related to such application or patent. The party filing an application shall provide a copy thereof to the other party.
FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Inventions shall have the first opportunity to file U.S. and foreign patent applications; but if such Party does not file such applications within one year after election, then the other Party to this CRADA may file patent applications on such inventions and the Party initially having ownership shall fully cooperate in this effort. The Parties will agree as to who will file patent applications on any joint Subject Inventions.
B. The Parties agree that DOE has the right to file patent applications in any country in which neither Party desires to file a patent application for any Subject Invention. Notification of such negative intent shall be made in writing to the DOE Contracting Officer within three (3) months of the decision of the non-inventing Party not to file a patent application for the Subject Invention pursuant to Article XV, or not later than sixty (60) days prior to the time when any statutory bar might foreclose filing of a U.S. patent application.
FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Inventions ("Inventing Party") shall have the first opportunity to file U.S. and foreign patent applications; but if such Party does not file such applications within one (1) year after disclosure, then the other Party to this CRADA may file patent applications on such Subject Inventions. If a patent application is filed by the other Party ("Filing Party"), the Inventing Party shall reasonably cooperate and assist the Filing Party, at the Filing Party's expense, in executing a written assignment of the Subject Invention to the Filing Party and in otherwise perfecting the patent application, and the Filing Party shall have the right to control the prosecution of the patent application. The Parties shall agree among themselves as to who will file patent applications on any joint Subject Invention.
B. The Parties agree that DOE has the right to file patent applications in any country if neither Party desires to file a patent application for any Subject Invention. Notification of such negative intent shall be made in writing to the DOE Contracting Officer within three (3) months of the decision of the non-inventing Party to not file a patent application for the Subject Invention pursuant to Article XV, or not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. patent application.
C. Participant agrees to include within the beginning of the specification of any U.S. Patent applications and any Patent issuing thereon (including foreign Patents) covering a Subject Invention, the following statement: "This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the Laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention." Contractor will include in any patent filings covering its Subject Inventions the statement required by its Prime Contract.
D. A Party electing title or filing a patent application in the United States or in any foreign country shall advise the other Party and DOE if it no longer desires to continue prosecution, pay maintenance fees, or retain title in the United States or any foreign country. The other Party and then DOE will be afforded the opportunity to take title and retain the patent rights in the United States or in any such foreign country.
FILING PATENT APPLICATIONS. All documents relevant to the filing of the patent application including permit (article 2), certificate (article 3) and waiver (article 4) shall be received in the Special Facility or Patent Office of the receiving Country solely through officially recognised adequately secure communication channels:
