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 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. or in any such foreign country.

FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Invention Inventions (hereinafter “Inventing Party”) shall have the first opportunity to file U.S. and foreign Patent applications. If 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, or if Contractor 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 applications on such Subject InventionsInvention. 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 ’s expense, in executing a written assignment of the Subject Invention to the Filing Party filing and in otherwise perfecting the prosecuting such Patent application, and the Piling 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.. 08IS1120 CRADA 12/19 TC02128.0 Trius Therapeutics, 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 to not file a patent 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 Patent application. C. The Parties agree to include within the beginning of the specification specifications of any U.S. Patent application applications and any patent 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 CRADA identified as TC02128.0 between Applied DNA SciencesTrius Therapeutics, Inc. and Bxxxxxx BWXT Idaho, LLC under Cxxxxxxx Xx. XX-XX00-00XX00000, awarded by Xxxxxxxx Livermore National Laboratory operated for the United States Department of Energy. The United States Government has certain rights in the this invention."” D. A Party electing title or filing a Patent application in the U.S. United States or in any foreign country shall advise the other Party and DOE if it no longer desires to continue prosecution, pay prosecution and maintenance fees, or retain title of such Patent application in the U.S. United States or any foreign country. The other Party and then DOE will be afforded the opportunity to take title assume responsibility for prosecution and retain the maintenance of such Patent application and associated Patent rights in the U.S. United States or in any such foreign country, as applicable. E. Each Party agrees to provide the project manager of the other Party upon request with a copy of each Patent application it files on any Subject Invention.

FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Invention Inventions (hereinafter “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 (1) year after election, 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 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 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 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 to not file a patent Patent application for the Subject Invention pursuant to Article XV or not later than sixty (60) 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 application applications and any patent Patent issuing thereon (including foreign Patents) covering a Subject Invention, the following statement: "“This invention was made under a Cooperative Research CRADA (identify CRADA number) between (name of Participant) and Development Agreement 04-CR-09 between Applied DNA Sciences, Inc. and Bxxxxxx BWXT Idaho, LLC under Cxxxxxxx Xx. XX-XX00-00XX00000, awarded by (name of laboratory) operated for the United States Department of Energy. The United States Government has certain rights in the this invention."” D. A Party electing title or filing a Patent application in the U.S. 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 U.S. 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 U.S. United States or in any such foreign country.

FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Invention Inventions (hereinafter “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 (1) year after election, 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 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 ’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 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 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 to not file a patent Patent application for the Subject Invention pursuant to Article XV or not later than sixty (60) 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 (he specification of any U.S. Patent application applications and any patent Patent issuing thereon (including foreign Patents) covering a Subject Invention, the following statement: "“This invention was made under a Cooperative Research CRADA (identify CRADA number) between (name of Participant) and Development Agreement 04-CR-09 between Applied DNA Sciences, Inc. and Bxxxxxx BWXT Idaho, LLC under Cxxxxxxx Xx. XX-XX00-00XX00000, awarded by (name of laboratory) operated for the United States Department of Energy. The United States Government has certain rights in the this invention."” D. A Party electing title or filing a Patent application in the U.S. 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 U.S. 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 U.S. United States or in any such foreign country.

FILING PATENT APPLICATIONS. A. The Parties agree that the Party initially indicated as having an ownership interest in any Subject Invention (hereinafter Inventing Party) Inventions shall have the first opportunity to file U.S. and foreign Patent patent applications. If Participant ; but if such Party does not file such applications within one six (16) year months after electiondisclosure, or if Contractor 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 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, Inventions and the Piling Party initially having ownership interests shall have the right to control the prosecution of the Patent applicationfully cooperate in this effort. The Parties shall agree between themselves as to who will file Patent applications on any share equally in the costs for the prosecution, filing and maintenance of joint Subject InventionInventions 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 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 U.S. United States or in any an foreign country shall advise the other Party and the DOE if it no longer desires to continue prosecution, pay maintenance fees, prosecution or retain title in the U.S. 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 U.S. 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 Invention Inventions (hereinafter "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 (1) year after election, or if Contractor 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 patent applications on such Subject Inventions. If a Patent 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 patent application, and the Piling 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. 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 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 to not file a patent application for the Subject Invention pursuant to Article XV or not later than sixty (60) 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 patent applications and any patent issuing thereon (including foreign Patentspatents) covering a Subject Invention, the following statement: "This invention was made under a Cooperative Research and Development Agreement 04CRADA NO. ORNL05-CR-09 between Applied DNA Sciences, Inc. and Bxxxxxx BWXT Idaho0715 BETWEEN SENSOR HOLDINGS INCORPORATED AND UT-BATTELLE, LLC under Cxxxxxxx Xx. XX-XX00-00XX00000, awarded by operated for the United States Department of Energy. The United States Government has certain rights in the this invention." D. A Party electing title or filing a Patent patent application in the U.S. 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 U.S. United States or any foreign country. The other Party and then DOE will be afforded the opportunity to take title and retain the Patent patent rights in the U.S. United States or in any such foreign country.