Common use of FILING PATENT APPLICATIONS Clause in Contracts

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 Contractor or Participant does not file such applications within one year after election, 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. The Parties shall share equally in the costs for the prosecution, filing and maintenance of joint Subject Inventions where both Parties elect to retain title to their undivided rights. 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. A Party electing title or filing a patent application in the United States or in any foreign country shall advise the other Party and the DOE if it no longer desires to continue prosecution or retain title in the United States or any foreign country. The other Party and then the DOE will be afforded the opportunity to take title and retain the patent rights in the United States or any such foreign country. D. Every twelve (12) months from the date of the CRADA, each Party shall deliver to the other Party interim reports listing the Subject Inventions, if any, it has produced during the preceding twelve (12) month period. If a Party has produced no Subject Invention for any twelve (12) month period, the Party’s interim report for that period will explicitly state so.

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 Patent applications. If the Contractor or Participant does not file such applications within one year after election, 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 Party ("Filing Party"), the Inventing Party shall reasonably cooperate and assist the Filing Party, at the Filing Party’s '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. The Unless otherwise negotiated between the Parties, the Parties shall share equally in the costs for the prosecution, filing and maintenance of joint Subject Inventions where both Parties elect to retain title to their undivided rights. 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) 3 months of the decision of the non-inventing party Inventing Party to not file a patent application for the Subject Invention pursuant to Article XV, 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. The Parties agree 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 NO. ORNL05-0715 BETWEEN SENSOR HOLDINGS INCORPORATED AND UT-BATTELLE, LLC operated for the United States Department of Energy. The Government has certain rights in this invention." 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 the DOE if it no longer desires to continue prosecution prosecution, pay maintenance fees, or retain title in the United States or any foreign country. The other Party and then the DOE will be afforded the opportunity to take title and retain the patent rights in the United States or in any such foreign country. D. Every twelve (12) months from the date of the CRADA, each Party shall deliver to the other Party interim reports listing the Subject Inventions, if any, it has produced during the preceding twelve (12) month period. If a Party has produced no Subject Invention for any twelve (12) month period, the Party’s interim report for that period will explicitly state so.

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 Contractor or Participant ; but if such Party does not file such applications within one year six (6) months after electiondisclosure, 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, Inventions and the Filing Party initially having ownership interests 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 Inventionfully cooperate in this effort. The Parties shall share equally in the costs for the prosecution, filing and maintenance of joint Subject Inventions where both Parties elect to retain title to their undivided rights. 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 nine (39) months after the initial disclosure of the decision of the non-inventing party to not file a patent application for the such Subject Invention pursuant to Article XV, or not later than 60 sixty (60) days prior to the time when any statutory bar might foreclose filing of a U.S. patent application. C. A Party electing title or filing a patent application in the United States or in any an foreign country shall advise the other Party and the DOE if it no longer desires to continue prosecution or retain title in the United States or any foreign country. The other Party and then the DOE will be afforded the opportunity to take title and retain the patent rights in the United States or any such foreign country. D. Every twelve (12) months from the date of the CRADA, each Party shall deliver to the other Party interim reports listing the Subject Inventions, if any, it has produced during the preceding twelve (12) month period. If a Party has produced no Subject Invention for any twelve (12) month period, the Party’s 's interim report for that period will explicitly state so.

FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Inventions Invention (hereinafter Inventing Party) shall have the first opportunity to file U.S. and foreign patent Patent applications. If the Contractor or Participant does not file such applications within one (1) year after election, then 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 Patent applications on such Subject Inventions. If a patent Patent application is filed by the other party Party (hereinafter Filing Party), the Inventing Party shall reasonably cooperate and assist the Filing Party, at the Filing Party’s 's expense, in executing a written assignment of the Subject Invention to the Filing Party and in otherwise perfecting the patent Patent application, and the Filing Piling Party shall have the right to control the prosecution of the patent Patent application. The Parties shall agree between themselves as to who will file patent Patent applications on any joint Subject Invention. The Parties shall share equally in the costs for the prosecution, filing and maintenance of joint Subject Inventions where both Parties elect to retain title to their undivided rights. 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 Inventing Party to not file a patent application for the Subject Invention pursuant to Article XV, XV or not later than 60 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 Patent application in the United States U.S. or in any foreign country shall advise the other Party and the DOE if it no longer desires to continue prosecution prosecution, pay maintenance fees, or retain title in the United States U.S. or any foreign country. The other Party and then the DOE will be afforded the opportunity to take title and retain the patent Patent rights in the United States U.S. or in any such foreign country. D. Every twelve (12) months from the date of the CRADA, each Party shall deliver to the other Party interim reports listing the Subject Inventions, if any, it has produced during the preceding twelve (12) month period. If a Party has produced no Subject Invention for any twelve (12) month period, the Party’s interim report for that period will explicitly state so.

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 Patent applications. If the Contractor or Participant a Party does not file such applications claiming a Subject Invention owned solely by such Party within one (1) year after electiondisclosure of such Subject Invention to the other Party, then or if LLNS does not file such applications with respect to a Subject Invention owned solely by LLNS within the filing time specified in its prime contract, then, in each such case, the other Party to this CRADA exercising an option pursuant to Article XV may shall have the right to file patent Patent applications on such Subject InventionsInvention. If a patent Patent application is filed by the other party 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 filing and in otherwise perfecting the patent prosecuting such Patent application, and the Filing Party shall have the right to control the prosecution of the patent Patent application. The Parties shall agree between themselves as to who will file patent Patent applications on any joint Subject Invention. The Parties shall share equally in the costs for the prosecution08IS1120 CRADA 12/19 TC02128.0 Trius Therapeutics, filing and maintenance of joint Subject Inventions where both Parties elect to retain title to their undivided rights.Inc. B. The Parties agree that DOE has the right to file patent Patent applications in any country if neither Party desires to file a patent 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 Inventing Party to not file a patent Patent application for the Subject Invention pursuant to Article XV, XV or not later than 60 sixty (60) days prior to the time when any statutory bar might foreclose filing of a U.S. patent Patent application. C. The Parties agree to include within the beginning of the specifications 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 identified as TC02128.0 between Trius Therapeutics, Inc. and Xxxxxxxx Livermore National Laboratory operated for the United States Department of Energy. The Government has certain rights in this invention.” D. A Party electing title or filing a patent Patent application in the United States or in any foreign country shall advise the other Party and the DOE if it no longer desires to continue prosecution or retain title and maintenance of such Patent application in the United States or any foreign country. The other Party and then the DOE will be afforded the opportunity to take title assume responsibility for prosecution and retain the patent maintenance of such Patent application and associated Patent rights in the United States or in any such foreign country, as applicable. D. Every twelve (12) months from E. Each Party agrees to provide the date project manager of the CRADA, each Party shall deliver to the other Party interim reports listing the upon request with a copy of each Patent application it files on any Subject Inventions, if any, it has produced during the preceding twelve (12) month period. If a Party has produced no Subject Invention for any twelve (12) month period, the Party’s interim report for that period will explicitly state soInvention.

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 Contractor or Participant ; but if such Party does not file such applications within one (1) year after electiondisclosure, 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 Party ("Filing Party"), the Inventing Party shall reasonably cooperate and assist the Filing Party, at the Filing Party’s '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 among themselves as to who will file patent applications on any joint Subject Invention. The Parties shall share equally in the costs for the prosecution, filing and maintenance of joint Subject Inventions where both Parties elect to retain title to their undivided rights. 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 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 the DOE if it no longer desires to continue prosecution prosecution, pay maintenance fees, or retain title in the United States or any foreign country. The other Party and then the DOE will be afforded the opportunity to take title and retain the patent rights in the United States or in any such foreign country. D. Every twelve (12) months from the date of the CRADA, each Party shall deliver to the other Party interim reports listing the Subject Inventions, if any, it has produced during the preceding twelve (12) month period. If a Party has produced no Subject Invention for any twelve (12) month period, the Party’s interim report for that period will explicitly state so.

FILING PATENT APPLICATIONS. A. The Parties agree that (a) During the Party initially indicated as having an ownership interest in any Subject Inventions term of the Evaluation Program and for twelve (Inventing Party12) shall have the first opportunity to file U.S. and foreign patent applications. If the Contractor or Participant does not file such applications within one year after electionmonths thereafter, 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 unless otherwise superseded by the other Company Documents, either 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. The Parties shall share equally in the costs for the prosecution, filing and maintenance of joint Subject Inventions where both Parties elect to retain title to their undivided rights. B. The Parties agree hereto 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 claiming an Invention will provide prompt notice to the DOE Contracting Officer within three (3) months other party, such notice to include a draft of the decision of the non-inventing party application to not be filed, and may within twenty (20) days thereafter file a such patent application for the Subject Invention pursuant to Article XVapplication, or not later than 60 days prior giving due consideration to the time when any statutory bar might foreclose filing of a U.S. patent applicationcomments on such draft provided by the other party. C. A Party electing title (b) SAVIA, DNAP, and KOSAN shall jointly prepare, file, prosecute and maintain the patent applications and patents claiming Inventions that are jointly invented by SAVIA, DNAP, and KOSAN in such countries as they mutually determine, using patent counsel agreed by the parties, and shall jointly conduct any interferences, reexaminations, reissues, oppositions or filing a requests for patent application in term extensions relating thereto. Unless otherwise agreed, the United States or in any foreign country parties shall advise equally share the costs thereof. SAVIA, DNAP, and KOSAN shall keep the other Party and fully informed as to the DOE if it no longer desires to continue prosecution or retain title in status of Patent Rights within the United States or any foreign country. The Program Technology, including without limitation, by providing the other Party and then the DOE will be afforded the opportunity to take title review and retain comment fully on any documents relating to each joint Invention which will be filed in any patent office at least thirty (30) days before such filing, and providing the other party copies of any documents that such party receives from such patent rights offices promptly after receipt including notice of all interferences, reissues, reexaminations, oppositions or requests for patent term extensions. SAVIA, DNAP, and KOSAN shall each reasonably cooperate with and assist the other at its own expense in connection with such activities, at the other party's request. (c) In the event that either party wishes to seek patent protection with respect to any Invention in any country outside the United States, it shall notify the other party hereto. If only one party wishes to seek patent protection with respect to an Invention in any such country or countries, it may file, prosecute and maintain patent applications and patents with respect thereto, at its own expense. In any such case, the party declining to participate in such activities shall not grant any third party a license under its interest in the United States or any such foreign country. D. Every twelve (12) months from applicable patent application and/or patent without the date prior written consent of the CRADA, each Party shall deliver to the other Party interim reports listing the Subject Inventions, if any, it has produced during the preceding twelve (12) month period. If a Party has produced no Subject Invention for any twelve (12) month period, the Party’s interim report for that period will explicitly state soparty.

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 Patent applications. If the Contractor or Participant does not file such applications within one year after election, then or if the 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 Patent applications on such Subject Inventions. If a patent Patent application is filed by the other party Party (Filing Party), the Inventing Party shall reasonably cooperate and assist the Filing Party, at the Filing Party’s 's expense, in executing a written assignment of the Subject Invention to the Filing Party and in otherwise perfecting the patent Patent application, and the Filing Party shall have the right to control the prosecution of the patent Patent application. The Parties shall agree between themselves as to who will file patent Patent applications on any joint Subject Invention. The Parties shall share equally in the costs for the prosecution, filing and maintenance of joint Subject Inventions where both Parties elect to retain title to their undivided rights. B. The Parties agree that DOE has the right to file patent Patent applications in any country if neither Party desires to file a patent 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 Inventing Party to not file a patent Patent application for the Subject Invention pursuant to Article XV, XV or not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. patent Patent application. C. The Parties agree 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 of Participant) and (name of laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” D. A Party electing title or filing a patent Patent application in the United States or in any foreign country shall advise the other Party and the DOE if it no longer desires to continue prosecution prosecution, pay maintenance fees, or retain title in the United States or any foreign country. The other Party and then the DOE will be afforded the opportunity to take title and retain the patent Patent rights in the United States or in any such foreign country. D. Every twelve (12) months from the date of the CRADA, each Party shall deliver to the other Party interim reports listing the Subject Inventions, if any, it has produced during the preceding twelve (12) month period. If a Party has produced no Subject Invention for any twelve (12) month period, the Party’s interim report for that period will explicitly state so.

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 Patent applications. If the Contractor or Participant does not file such applications within one year after election, then or if the 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 Patent applications on such Subject Inventions. If a patent Patent application is filed by the other party 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 Patent application, and the Filing Party shall have the right to control the prosecution of the patent Patent application. The Parties shall agree between themselves as to who will file patent Patent applications on any joint Subject Invention. The Parties shall share equally in the costs for the prosecution, filing and maintenance of joint Subject Inventions where both Parties elect to retain title to their undivided rights. B. The Parties agree that DOE has the right to file patent Patent applications in any country if neither Party desires to file a patent 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 Inventing Party to not file a patent Patent application for the Subject Invention pursuant to Article XV, XV or not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. patent Patent application. C. The Parties agree to include within the beginning of (he 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 of Participant) and (name of laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” D. A Party electing title or filing a patent Patent application in the United States or in any foreign country shall advise the other Party and the DOE if it no longer desires to continue prosecution prosecution, pay maintenance fees, or retain title in the United States or any foreign country. The other Party and then the DOE will be afforded the opportunity to take title and retain the patent Patent rights in the United States or in any such foreign country. D. Every twelve (12) months from the date of the CRADA, each Party shall deliver to the other Party interim reports listing the Subject Inventions, if any, it has produced during the preceding twelve (12) month period. If a Party has produced no Subject Invention for any twelve (12) month period, the Party’s interim report for that period will explicitly state so.