Foreign Filings. In addition to the U.S., the Patent Rights shall, subject to applicable bar dates, be pursued in such foreign countries as Licensee so designates in writing to Licensor in sufficient time to reasonably enable the preparation of such additional filings, and in those foreign countries in which Licensor has filed applications prior to the Effective Date. If Licensee does not choose to pursue patent rights in a particular foreign country and Licensor chooses to do so, Licensee shall so notify Licensor and thereafter said patent application or patent shall no longer be included in the Patent Rights and Licensee shall have no further rights thereto. Licensor shall have the right to make alternative arrangements with Licensee for upfront payment of foreign patent expenses.
Foreign Filings. In addition to the U.S., the Patent Rights shall, subject to applicable bar dates, be pursued in such foreign countries as Licensee so designates in writing to Licensor in sufficient time to reasonably enable the preparation of such additional filings, and in those foreign countries in which Licensor has filed applications prior to the Effective Date. [***]
Foreign Filings. Should Licensee elect not to file for patent protection for the Patent Rights in a certain national jurisdiction in the Territory, Licensee shall notify CSMC of such election at least forty-five (45) days before a final due date which would result in the bar of patent protection for the Patent Rights in such national jurisdiction. In such event, CSMC may, at its sole option and expense, file for patent protection for the Patent Rights in the applicable national jurisdiction, and Licensee’s license under this Agreement with respect to such national jurisdiction shall terminate, allowing CSMC to freely dispose of its Patent Rights in the applicable national jurisdiction as it sees fit in its sole discretion.
Foreign Filings. It is the expectation of the Parties that foreign filings, other than potentially an initial Patent Cooperation Treaty (PCT) filing, will not be made unless a third party is paying for those costs pursuant to a License Agreement, Option Agreement or otherwise. In the absence of a third party paying for such costs, the Managing Party may file for patent protection in foreign countries, but shall be solely responsible for all of the Patent Expenses related thereto (except the initial PCT filing, but no nationalizations thereof) unless the Other Parties expressly agree in writing to share the costs of foreign filings. Notwithstanding the foregoing, Patent Expenses for foreign prosecution are subject to reimbursement under Sections 5.2 and 5.3 out of License Consideration.
Foreign Filings. Legacy will provide Primary reasonable advance written notice of any required foreign patent filings concerning any Legacy Patents and associated fees. Legacy must thereafter inform Primary in writing which foreign countries, if any, in which Legacy will pursue patent protection. Primary may elect to seek patent protection in countries not so designated by Legacy, in which case (i) Primary shall be responsible for all expenses attendant to such foreign filings and, in such instances, all right, title, and interest in such Patent Rights shall be assigned to Primary, free and clear of all liens, claims, and encumbrances, (ii) such Patent Rights shall be deemed not to be Legacy Patents or Primary Patents for purposes of this Agreement, (iii) to the extent Covered thereby, no compounds claimed therein shall be considered CDCs nor VDCs for any purposes related to this Agreement in the country(ies) in which such Patent Rights were filed or issued, and (iv) Legacy, its Affiliate, and Legacy Licensees shall no longer have any right to manufacture, use, sell, or import any CDC or Derivative thereof to the extent Covered by such Patent Rights in the country(ies) in which such Patent Rights were filed or issued.
Foreign Filings. In addition to the U.S., the Patent Rights shall, subject to applicable bar dates, be pursued in such foreign (i.e., non-U.S.) countries in the Territory as Licensee so determines in its sole and absolute discretion. In addition, with respect to pending patent application in the United Kingdom and the PCT Application, Licensor shall remain responsible for the prosecution of such applications and all expenses incurred by Licensor for filing, prosecuting, defending and maintaining the Patent Rights related to the same.
Foreign Filings. Within a reasonable period of time (which the parties shall use reasonable efforts to ensure is no more than nine (9) months) following the filing date of a patent application pursuant to Section 4.4(a), the Committee shall determine whether to abandon such application without replacement, abandon and refile such application, proceed with such application only in the country of filing, or use such application (e.g. as the basis for a claim of priority under the Paris Convention) for corresponding applications in other countries. Dermion and Ciba shall consult together to ensure that, so far as practicable, the texts of applications filed in different jurisdictions contain the same information and claim the same scope of protection.
Foreign Filings. The University will, at the request of Santarus, file, prosecute, and maintain patent applications and patents covered by Patent Rights in foreign countries if available. Santarus must notify the University within *** of the filing of the corresponding United States application of its decision to request the University to file foreign counterpart patent applications. This notice concerning foreign filing must be in writing and must identify the countries desired. The absence of such a notice from Santarus to the University within the *** period will be considered an election by Santarus not to request the University to secure foreign patent rights on behalf of Santarus. The University will have the right to file patent applications at its own expense in any country Santarus has not included in its list of desired countries, and such applications and resultant patents, if any, will not be included in the licenses granted under this Agreement.
Foreign Filings. In addition to the U.S., the Patent Rights shall, subject to applicable bar dates and Licensee’s compliance with Section 6.1, be pursued in such foreign countries as Licensee so designates in writing to XXXX in sufficient time to reasonably enable the preparation of such additional filings (in no event less than [***] days prior to any deadline), and in those foreign countries in which XXXX has filed applications prior to the Effective Date. If Licensee does not choose to pursue patent rights in a particular foreign country and XXXX chooses to do so, Licensee shall so notify XXXX, and thereafter said patent application or patent shall no longer be included in the Licensed Subject Matter and Licensee shall have no further rights thereto.
Foreign Filings. The Company shall take such action as may be necessary to ensure that no Member has any tax filing obligation in any foreign jurisdiction, including, to the extent necessary or advisable (as reasonably determined by the Company tax advisors and consented to by the Pre-IPO Members representing a majority of all Units held by Pre-IPO Members), by forming foreign subsidiaries to hold any foreign assets or operations.
