Intellectual Property and Patent Rights. 7.1 Subject to the licenses granted by the Partnership to Becton and Nanogen, individually and jointly, in Paragraph 6.1(c), the entire right, title and interest in all Program Inventions shall be owned solely by the Partnership. Becton hereby assigns its entire right, title and interest in all Becton Program Inventions and Joint Program Inventions to the Partnership, and Nanogen hereby assigns its entire right, title and interest in all Nanogen Program Inventions and Joint Program Inventions to the Partnership.
7.2 Each Researching Party promptly shall disclose to the other Researching Party and the Partnership the making, conception or reduction to practice of Program Inventions by employees or others acting on behalf of such party. Each of Nanogen and Becton hereby represents and warrants that all employees and others acting on its respective behalf in performing its obligations under this Agreement shall be obligated under a binding written agreement to assign to it, or as it shall direct, all Program Inventions made or developed by such employees or others.
7.3 Promptly following any disclosure of Program Inventions pursuant to Paragraph 2.2 and Paragraph 7.2, the Research Management Committee, in consultation with patent attorneys for Becton and Nanogen, shall discuss and determine, in good faith, whether patent applications should be prepared and filed for such disclosed Program Inventions.
7.4 If patent applications are to be prepared and filed pursuant to Paragraph 7.3, then the Research Management Committee shall discuss and determine, in good faith, for each of such Program Inventions, which of the parties shall be responsible for the preparation, filing, prosecution and maintenance of such patent applications in the Primary Filing Countries. Each of such patent applications shall become part of the Program Inventions, and Appendix A shall be amended accordingly to evidence such Program Inventions.
7.5 (1) If the Research Management Committee determines that a particular patent application be filed in a country or countries in addition to the Primary Filing Countries, then the Research Management Committee shall determine which Researching Party shall be responsible for the filing, prosecution and maintenance of such patent application, and such patent application shall be part of the Program Inventions.
Intellectual Property and Patent Rights. 11.1 Ownership Each Party shall solely own, and that Party alone shall have the right to apply for, patents within the Territory for any inventions made solely by it in the course of performing work under this Agreement. Joint Inventions shall be owned jointly by Parties.
Intellectual Property and Patent Rights. 9.1 As between the Parties, iCo shall have the sole right and responsibility at its sole discretion and cost, to file, prosecute and maintain the iCo Background Patents (including to determine whether or not file or continue to prosecute or maintain any such Patents) and for the conduct of any lawsuits, claims or proceedings, including any interference or opposition proceeding, relating to such iCo Background Patents in all countries. All applicable costs and expenses incurred by iCo after the Effective Date for the iCo Background Patent prosecution efforts, shall be borne equally by iCo and IMPH, with IMPH reimbursing iCo for such costs and expenses based on invoices from iCo (such invoices to be paid within 30 days of receipt), except as otherwise provided in Section 9.4 below. Portions of this Exhibit, indicated by the mxxx “[***]”, were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Exchange Act of 1934, as amended. Portions marked by * were summarized]
9.2 As between the Parties, iCo shall have the sole right and responsibility (but subject to the terms of the CAT Agreement), in collaboration with IMPH as discussed in Section 9.3 below, to file, prosecute and maintain the iCo Product Patents (including to determine whether or not file or continue to prosecute or maintain any such Patents) and for the conduct of any lawsuits, claims or proceedings, including any interference or opposition proceeding, relating to such iCo Product Patents in all countries (collectively, the “Product Patent Prosecution”). All applicable costs and expenses incurred by iCo after the Effective Date for the Product Patent Prosecution efforts, shall be borne equally by iCo and IMPH, with IMPH reimbursing iCo for such costs and expenses based on invoices from iCo (such invoices to be paid within 30 days of receipt), except as otherwise provided in Section 9.4 below.
9.3 iCo shall keep IMPH reasonably informed of its plans for and progress in conducting the Product Patent Prosecution. Subject in all cases to the terms of the CAT Agreement, IMPH shall have the right to review all material documents relating to the Product Patent Prosecution to the extent directly related to Licensed Products in the Licensed Field, including draft filings of material documents, material documents provided by patent offices (such as office actions), and respon...
Intellectual Property and Patent Rights. 3.10.1 For every Work Order Package, the Design-Builder shall secure in writing from all patentees, copyright holders, and assignees of all Work Order Package project-related documents, all copyrights, assignments, and licenses related to such expression (e.g., designs, drawings, Contract Documents, specifications, documents in computer form, etc.) as necessary to allow the City the full, unlimited, and unencumbered use of that expression for the execution, operation, maintenance, modernization or expansion of the Work Order Package project. The Design-Builder shall immediately convey all such copyrights, assignments, and licenses to the City without reservation except that which is expressly allowed in this Article. In the case of products, materials, systems, etc., protected by patent, the Design-Builder and its consultants shall not specify or cause to be specified any infringing use of a patent.
3.10.2 Should the Design-Builder become aware of or receive notice of potential infringement of any intellectual property right related to the Work Order Package project, regardless of the source of that awareness or notice, the Design-Builder shall (a) immediately cease the copying and any other activity which is the potential source of infringement; and within seven (7) Days (b) investigate the potential infringement; (c) submit to the City copies of all documents relating to that awareness, the notice, or the object thereof; and (d) issue to the City a complete written response and analysis of the potential infringement and the course of action recommended by the Design-Builder. The Design-Builder shall submit to the City a supplement of the initial report within seven (7) Days of the Design-Builder's receipt of, or awareness of, additional related information. Nothing in this Agreement shall be deemed to relieve the Design-Builder of its obligations under this Article, nor shall the City's receipt of the information indicated in this Article give rise to any duty or obligation on the part of City.
3.10.3 For every Work Order Package, the Design-Builder and its Faithful Performance Bond Surety shall indemnify, defend, and hold harmless, the City from all liability, costs, and attorneys' fees incurred which are related to infringement of intellectual property rights, whether or not the infringement is potential, accused, or proven. Should the City become aware of, or receive notice of, potential, accused, or actual infringement of intellectual property rights...
Intellectual Property and Patent Rights. If the research results involve potentially patentable inventions or other intellectual property, the Recipient shall delay the publication or presentation for an additional period of time, as reasonably requested by the Provider, to allow for the filing of patent applications or other protective measures. The Recipient and the Provider will discuss and agree upon the terms of any such delays and the handling of intellectual property rights.
Intellectual Property and Patent Rights. 1) All rights, title and interest in and to the intellectual property and materials that are the subject of the Study or the Protocol, including, without limitation, all property rights in the investigational product and all data, technical information, inventions, discoveries, developments, improvements, enhancements, software, know-how, methods, techniques, formulae, processes and other proprietary ideas (whether or not patentable or registrable under patent, copyright or similar laws) and materials related to any product in the Study or Protocol, or otherwise derived, conceived, discovered, developed or reduced to practice as a direct or indirect result of the Institution’s performance of any services under or pursuant to this Agreement or during the course of or in connection with the Study whether generated or developed by the Institution or Sponsor or their respective agents, employees or contractors, either solely or jointly with others, including based on or making use of Confidential Information and/or in the area of or relating to the Study Drug and/or involving therapeutic indications/uses therefore, based upon observations made or data gathered in the performance of the Protocol (“Inventions”) will be the sole and exclusive property of Sponsor and are herewith assigned to Sponsor without any additional compensation.
2) The Institution and/or the Investigator are obliged to impose respective obligations as set forth in this Agreement on all persons involved in the Study.
3) The Institution shall notify the Sponsor of any Intellectual Property promptly in writing and
Intellectual Property and Patent Rights. 3.16.1 The Design-Builder shall secure in writing from all patentees, copyright holders, and assignees of all Project-related documents, all copyrights, assignments, and licenses related to such expression (e.g., designs, drawings, Contract Documents, specifications, documents in computer form, etc.) as necessary to allow the City the full, unlimited, and unencumbered use of that expression for the execution, operation, maintenance, modernization or expansion of the Project. The Design-Builder shall immediately convey all such copyrights, assignments, and licenses to the City without reservation except that which is expressly allowed in this Article. In the case of products, materials, systems, etc., protected by patent, the Design- Builder and its consultants shall not specify or cause to be specified any infringing use of a patent.
3.16.2 Should the Design-Builder become aware of or receive notice of potential infringement of any intellectual property right related to the Project, regardless of the source of
Intellectual Property and Patent Rights. (a) Xx. Xxxxx’x acknowledges and agrees that the Prana Background IP will at all times remain the exclusive property of Prana or its relevant Affiliate.
(b) The Parties acknowledge and agree that all Prana Arising IP will vest in and be solely owned by Prana.
(c) Xx Xxxxx’x will subject to a separate written understanding between the parties and for such consideration as the Parties, acting reasonably and in good faith, may mutually agree, provide Prana all assistance and advice and execute all necessary documents as may be required by Prana from time to time, in relation to:
(i) any applications by Prana for Patents or other registrable Intellectual Property Right in respect of the Arising IP;
(ii) the prosecution and maintenance of any such applications and consequent registrations;
(iii) any applications, submissions or other documents that Prana seeks to file with a regulatory authority or other government department, agency or body to obtain an approval or consent in relation to the testing, manufacture or sale of the Compound or an API of it; and
(iv) any other purpose reasonably arising from or incidental to this Agreement.
Intellectual Property and Patent Rights. Section 12.1 Inventions and Ownership of IP
Intellectual Property and Patent Rights. The components manufactured by OLEA pursuant to any Agreement do not infringe upon any trademark, copyright, patent, trade secret or other intellectual property right of any third party. Customer represents and warrants it will not use XXXX components in any fashion, method or combination with other products which infringes or may
