Filing, Prosecution and Maintenance of Patents. (a) CUBIST shall be entitled to file, prosecute and maintain in the Territory all patent applications and patents that claim any CUBIST Inventions at its sole expense.
(b) XTL agrees to file, prosecute and maintain the XTL Patents at its sole expense, provided, however, that XTL shall (i) use outside counsel reasonably acceptable to CUBIST, (ii) provide CUBIST with all material documentation and correspondence from, sent to or filed with patent offices in the Territory regarding any XTL Patent, (iii) provide CUBIST with a reasonable opportunity to review and comment upon all filings with such patent offices in advance of submissions to such patent offices, and (iv) shall consider, in good faith, incorporating any comments provided by CUBIST. In the event that XTL is unwilling, unable or otherwise fails to file or prosecute any XTL Patent in any country in the Territory, CUBIST shall have the right, but not the obligation, and XTL shall provide CUBIST with thirty (30) days written notice to permit CUBIST to, file, prosecute and/or maintain such XTL Patent in such country, and XTL shall execute such documents and perform such acts as may be reasonably necessary to allow CUBIST to file, prosecute and maintain such XTL Patent in such country in a timely manner; provided that in any event any such XTL Patents shall always be registered in XTL’s name or in the name of the relevant licensor of XTL as identified in writing to CUBIST by XTL.
(c) With respect to all filings, prosecution and maintenance of any Patent pursuant to this Section 12.2, the filing Party shall be responsible for payment of all costs and expenses related to such Patent filing, prosecution or maintenance.
(d) With respect to any Joint Inventions, CUBIST shall have the first right to file, prosecute and maintain in the Territory, upon appropriate consultation with XTL, Patents that claim or cover any Joint Invention (a “Joint Patent”); however, in the event that CUBIST elects not to file any patent application in the Territory with respect to any Joint Invention, XTL shall have such right and upon exercise by XTL of such right, XTL shall have the right to prosecute and maintain in the Territory, upon appropriate consultation with CUBIST, the Joint Patents to which such Joint Invention relates. Each of XTL and CUBIST shall execute such documents and perform such acts as may be reasonably necessary to allow CUBIST, in the first instance, and XTL, in the second instance, to file, prosecute and ma...
Filing, Prosecution and Maintenance of Patents. RENOVIS agrees to file, prosecute and maintain in the Territory, upon appropriate consultation with MERCK, the RENOVIS Patent Rights licensed to MERCK under this Agreement; provided, however, with respect to Joint Information and Inventions that are not Improvements to RENOVIS Patent Rights or RENOVIS Technology, MERCK shall have the first right to file patent applications for such Joint Information and Inventions. With respect to RENOVIS Information and Inventions, RENOVIS may elect not to file and if so MERCK shall have the right to file patent applications. In such event, RENOVIS shall execute such documents and perform such acts at RENOVIS’ expense as may be reasonably necessary to effect an assignment of such Patent Rights to MERCK in a timely manner to allow MERCK to continue such prosecution or maintenance. In each case, the filing Party shall give the non-filing Party an opportunity to review the text of the application before filing, shall consult with the non-filing Party with respect thereto, and shall supply the non-filing Party with a copy of the application as filed, together with notice of its filing date and serial number. RENOVIS shall keep MERCK advised of the status of the actual and prospective patent filings and upon the request of MERCK, provide advance copies of any papers related to the filing, prosecution and maintenance of such patent filings. RENOVIS shall promptly give notice to MERCK of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights licensed to MERCK for which RENOVIS is responsible for the filing, prosecution and maintenance. With respect to all filings hereunder, the filing Party shall be responsible for payment of all costs and expenses related to such filings.
Filing, Prosecution and Maintenance of Patents. 11.1.1 Aelis shall have the first right, but not the obligation, to Handle the Aelis Patents in each applicable country, in each case in consultation with Indivior pursuant to Section 11.1.3, at Aelis’ cost. Aelis shall notify Indivior of any intent or decision to cease prosecution of or abandon any Aelis Patents at least thirty (30) days prior to any filing deadline or payment due date. In such event, Indivior shall have the right at its costs to take over prosecution and maintenance of the Aelis Patents in such country in Aelis’ name.
11.1.2 As between the Parties, Joint Patents shall be jointly owned by the Parties and inventorship thereof shall be determined in accordance with, and subject to, United States or other applicable patent law. Except to the extent a Party is expressly limited by the terms hereof, including Section 2.2.1 and Section 2.4, each Party shall be entitled to exploit its co-ownership interest in the Joint Patents, including through Third Party licenses, without consent or otherwise accounting to the other Party. Each Party shall obtain proper assignments from each inventor that is (a) an employee, contractor or other agent of such Party (b) or that is otherwise obligated to assign their rights in the invention to such Party, in each case to effectuate the foregoing ownership of the Joint Patents. A joint patent committee to be formed by the JSC will decide which Party will Handle the Joint Patents. If such joint patent committee is unable to reach unanimous agreement, Aelis shall have the right to do so at its cost. Each Party shall notify the other Party of any intent or decision to cease prosecution of or abandon any Joint Patents at least thirty (30) days prior to any filing deadline or payment due date. In such event, the other Party shall have the right at its costs to take over prosecution and maintenance of the Joint Patents in such country and, if necessary, in the other Party’s name.
11.1.3 The Party Handling a Patent agrees to inform with sufficient advance notice and coordinate with the other Party with respect to patent prosecution or other proceedings with respect to the Patents. The Handling Party shall provide the other Party with copies of each office action received from the relevant patent offices and intended response, with enough lead time where reasonably practicable, to enable the other Party to review and comment on such action or proposed response, which the Handling Party shall take into account in good fai...
Filing, Prosecution and Maintenance of Patents. Licensor agrees to diligently file, prosecute and maintain in the Territory, at Licensor's expense, all Patent Rights owned in whole or in part by Licensor and licensed to Schering under this Agreement, including without limitation, any Patent Rights covering any Improvement(s). Schering shall determine the country(ies) in the Territory with respect to which Schering desires Licensor to perform such activities and will promptly notify Licensor to that effect. All such determinations shall be made by Schering in accordance with its standard practices with respect to the filing, prosecution and maintenance of patents, and Licensor's obligation to file, prosecute and maintain each patent application or patent within the Patent Rights under this Section 4.1 shall be limited to those countries selected by Schering for such patent application or patent. Licensor shall supply Schering with a copy of the applications as filed, together with notice of its filing date and serial number. Licensor shall keep Schering regularly advised of the status of pending patent applications (including, without limitation, the grant of any Patent Rights), and upon the written request of Schering shall provide copies of any substantive papers provided to or received from government patent authorities related to the filing, prosecution and maintenance of such patent filings. Schering shall treat all information, papers, and other materials provided by Licensor pursuant to this Section 4.1 in accordance with the confidentiality provisions of this Agreement.
Filing, Prosecution and Maintenance of Patents. For purposes of this Section 8.2, the terms “prosecute,” “prosecuting” and “prosecution,” when used in reference to any Patent, shall be deemed to include, without limitation, the control of any interferences, reissue proceedings, oppositions and reexaminations with respect to such Patent.
Filing, Prosecution and Maintenance of Patents. 6.2.1. Inhibrx shall have the right, but not the obligation, to Prosecute Binder Patents at its own cost. Notwithstanding the foregoing, at Licensee’s request during the Program Term or after the exercise of the Option during the Term, to the extent a Binder Patent existing as of the Effective Date has a claim directed to a Licensed Product or the use of a Binder in the Field, Inhibrx shall use reasonable efforts, to the extent practical to do so, file divisional and/or continuation Patents consisting solely of claims to the Licensed Product or the use of a Binder in the Field, which Patent will be a Product-Specific Patent. During the Program Term or after the exercise of the Option during the Term:
(a) Inhibrx shall copy Licensee on all correspondence from and to any patent office relating to Binder Patents that include claims to a Licensed Product or to use of a Binder in the Field in a timely manner, and Inhibrx shall provide Licensee with drafts of all filings and correspondence relating to the Prosecution of Binder Patents that include disclosure or claims to Licensed Products or to use of a Binder in the Field in reasonably adequate time before filing or submission of such materials, for Licensee’s review and comment. For avoidance of doubt, Inhibrx shall provide draft filings of Binder Patents that include disclosure or claims to Licensed Products or to use of a Binder in the Field before the Binder Patents are filed. Inhibrx will take into good faith consideration Licensee’s comments prior to submitting such filings and correspondences to the extent such comments are timely provided and it is practicable to do so. If there is a disagreement between the Parties with respect to the Prosecution (other than the initial preparation and filing) of claims of a Binder Patent to a Licensed Product or to the use of a Binder in the Field, then Inhibrx shall have the right to make the final decision. If there is a disagreement between the Parties with respect to the initial preparation and filing of a Binder Patent containing claims to a Licensed Product or to the use of a Binder in the Field, then Parties will discuss in good faith how to remedy the disagreement. Inhibrx shall provide Licensee an annual report summarizing the status of the Prosecution of the Binder Patents that include claims to use of a Binder in the Field.
(b) Inhibrx shall notify Licensee of any decision not to Prosecute, including a decision not to continue to pay the expenses of prosecu...
Filing, Prosecution and Maintenance of Patents. Santarus shall have the right to prepare, file, prosecute and maintain in such countries as it deems appropriate in its discretion, patent applications and patents, and to conduct any interferences, re-examinations, reissues, oppositions or requests for patent term extension or governmental equivalents thereto within the Santarus Patent Rights, and TAP shall give reasonable cooperation in connection therewith. Notwithstanding the above, TAP shall be given reasonable opportunity to comment on actions taken by Santarus with regard to Santarus Patent Rights in the Field of Use and Territory, and Santarus shall reasonably consider all such comments. TAP shall promptly reimburse Santarus for *** of the expenses of such prosecution and maintenance actually paid by Santarus within the Territory to the extent that Santarus has not been reimbursed by any Third Party for such expenses. Santarus shall in good faith use reasonable efforts to optimize the breadth of protection of the Santarus Patent Rights in such a manner as to protect and broaden the scope of TAP's license under Section 2.1.
Filing, Prosecution and Maintenance of Patents. CytRx agrees to file, ---------------------------------------------- prosecute and maintain in the Major Markets, upon appropriate consultation with Merck, the Patent Rights owned in whole or in part by CytRx and licensed to Merck under this Agreement. In addition, CytRx shall, at Merck's request, file, prosecute and maintain such Patent Rights in other countries, which costs shall be reimbursed by Merck within sixty (60) days of receipt of invoices therefor. CytRx shall keep Merck advised of the status of the actual and prospective patent filings and upon the request of Merck, shall provide advance copies of any papers related to the filing, prosecution and maintenance of such patent filings. With respect to all filings hereunder in Major Pharmaceutical Markets CytRx shall be responsible for payment for all costs and expenses related to such filings
Filing, Prosecution and Maintenance of Patents. 9.4.1 AltaRex will be responsible for prosecuting and maintaining the Patents in the Territory except as provided below in 9.
Filing, Prosecution and Maintenance of Patents. 6.4.1 [***] Technology; [***] Technology. Subject to the terms of this Section 6, Micromet will use Commercially Reasonable Efforts to file, prosecute, defend and maintain (including the filing of any extension or supplementary protection certificate) at its cost any Patents claiming inventions or discoveries that are part of the [***] Technology and [***] Technology. Micromet will provide Sanofi with an update of the filing, prosecution and maintenance status for each of the Patents within the [***] Technology (to the extent of any claims that cover the composition or use of the Product) and within the [***] Technology on a periodic basis, and will use Commercially Reasonable Efforts to consult with and cooperate with Sanofi with respect to the filing, prosecution and maintenance of the [***] Technology (to the extent of any claims that cover the composition or use of the Product) and [***] Technology, including providing Sanofi with drafts of proposed material filings to the extent of any claims that cover the composition or use of the Product to allow Sanofi a reasonable opportunity for review and comment before such filings are due. Micromet will give reasonable consideration to any suggestions or recommendations of Sanofi concerning the preparation, filing, prosecution, defense and maintenance of such Patents to the extent of any claims that cover the composition or use of the Product. Micromet will file and maintain such Patents, at [***] and [***] in the [***] specified in [***] and in any other country requested by Sanofi. Sanofi will reimburse Micromet for costs and expenses incurred for filing and maintenance of such Patents in those [***] by [***] ; provided that if Micromet [***] to [***] in such [***] for [***] , then [***] will [***] on a [***] (based solely on the total number of [***] including [***] ).
6.4.2 [***] Technology; [***] Technology. Sanofi will have the right to file, prosecute, defend and maintain at its costs any Patents claiming inventions or discoveries that are part of the [***] Technology or [***] Technology. Sanofi will reasonably inform Micromet and consult with Micromet regarding the filing, prosecution, defense and maintenance of Patents within the [***] Technology and any Patents within the [***] Technology under which Micromet has taken a license under Section 7.6.3 and will give reasonable consideration to any suggestions or recommendations of Micromet concerning the preparation, filing, prosecution, defense and mai...
