Common use of Independent Filing Clause in Contracts

Independent Filing. In the event that after consideration thereof the Committee elects not to file a patent application in any Jurisdiction with respect to any Jointly Developed Technology, either Dermion or Ciba shall be entitled to file a patent application in such jurisdiction with respect to such Jointly Developed Technology (an "Independent Filing"). In such event, the party making the Independent Filing shall bear all Prosecution Costs with respect to such patent application and shall own all right, title and interest in and to any Patent Rights arising or resulting from such Independent Filing. Notwithstanding the foregoing, the other party may within one (1) year of the filing date elect to join the filing party in such Independent Filing, in which case (i) such other party shall pay to the filing party such other party's share of Prosecution Costs incurred by the filing party to date in connection with such Independent Filing plus an amount equal to ******************** (a "Premium") of all such Prosecution Costs, (ii) all Patent Rights arising or resulting from such filing shall be deemed

Independent Filing. In the event that after consideration thereof the Committee elects not to file a patent application in any Jurisdiction with respect to any Jointly Developed Technology, either Dermion or Ciba shall be entitled to file a patent application in such jurisdiction with respect to such Jointly Developed Technology (an "Independent Filing"). In such event, the party making the Independent Filing shall bear all Prosecution Costs with respect to such patent application and shall own all right, title and interest in and to any Patent Rights arising or resulting from such Independent Filing. Notwithstanding the foregoing, the other party may within one (1) year of the filing date elect to join the filing party in such Independent Filing, in which case (i) such other party shall pay to the filing party such other party's share of Prosecution Costs incurred by the filing party to date in connection with such Independent Filing plus an amount equal to ******************** (a "Premium") of all such Prosecution Costs, (ii) all Patent Rights arising or resulting from such filing shall be deemeddeemed Jointly Developed Technology for all purposes under this Agreement, and (iii) thereafter all of the other provisions of this Section 4.5 shall apply to such patent application (with the filing party serving as the Responsible Party).

Independent Filing. In the event that after consideration thereof the Committee elects not to file a patent application in any Jurisdiction jurisdiction with respect to any Jointly Developed Technology, either Dermion any of Dermion, Iomed or Ciba Novartis shall be entitled to file a patent application in such jurisdiction with respect to such Jointly Developed Technology (an "Independent Filing"). In such event, the party making the Independent Filing shall bear all Prosecution Costs with respect to such patent application and shall own all right, title and interest in and to any Patent Rights arising or resulting from such Independent Filing. Notwithstanding the foregoing, the other party parties may within one (1) year of the filing date elect to join the filing party in such Independent Filing, in which case (i) such other party parties shall pay to the filing party such other party's share of Prosecution Costs incurred by the filing party to date in connection with such Independent Filing plus an amount equal to ******************** twenty percent (20%) (a "Premium") of all such Prosecution Costs, (ii) all Patent Rights arising or resulting from such filing shall be deemeddeemed Jointly Developed Technology for all purposes under this Agreement, and (iii) thereafter all of the other provisions of this Section 4.5 shall apply to such patent application (with the filing party serving as the Responsible Party).