Common use of Hanmi Patent Rights Clause in Contracts

Hanmi Patent Rights. Hanmi shall have the first right to file, prosecute and maintain the Hanmi Patent Rights in Hanmi’s name, by retaining patent counsel selected by Hanmi and shall be responsible for the payment of all costs and fees relating to patent prosecution and maintenance. Hanmi agrees to keep Kinex informed of the course of patent prosecution, application or other proceedings and to furnish Kinex, per its request, with copies of office actions received by Hanmi from any Regulatory Authority within the Territory concerning Hanmi Patent Rights. Hanmi shall also have the first right to file, prosecute and maintain all Jointly Owned Intellectual Property in all countries outside the Territory. Kinex may request that Hanmi make additional patent application filings within the Territory for the Hanmi Intellectual Property. If Hanmi elects not to make such filings within a period of thirty (30) days from the date of such request, Kinex shall have the right to make the filing and prosecute the application in the name of and as agent for Hanmi. In such event, Kinex shall be responsible for the payment of all costs and fees relating to patent filing, prosecution and maintenance.

Appears in 2 contracts

Samples: License Agreement (Athenex, Inc.), License Agreement (Athenex, Inc.)

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Hanmi Patent Rights. Hanmi shall have the first sole right to file, prosecute file and maintain the Hanmi Patent Rights in Hanmi’s namename within and outside the Territory, by retaining patent counsel selected by Hanmi and shall be responsible for the payment of all costs and fees relating to patent prosecution filing and maintenance. Hanmi agrees to keep Kinex informed of the course of patent prosecution, application or other proceedings and to furnish Kinex, per its request, with copies of office actions received by Hanmi from any Regulatory Authority within or outside the Territory concerning Hanmi Patent Rights. Hanmi shall also have the first right to file, prosecute file and maintain all Jointly Owned Intellectual Property in all countries outside the Territory. Kinex may request that Hanmi pay maintenance fees or make additional patent application filings within the Territory for the Hanmi Intellectual Property. If Hanmi elects not to pay such fees or make such filings within a period of thirty (30) days from the date of such request, Kinex shall have the right to pay the fees or make the filing and prosecute the application in the name of and as agent for Hanmi. In such event, Kinex shall be responsible for the payment of all costs and fees relating to such patent filing, prosecution filing and maintenance.

Appears in 2 contracts

Samples: Amendment Agreement (Athenex, Inc.), Amendment Agreement (Athenex, Inc.)

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