Common use of Invention Disclosure, Election of Title, and Filing of Patent Application Clause in Contracts

Invention Disclosure, Election of Title, and Filing of Patent Application. 1. The Seller shall disclose each Subject Invention to Buyer within two (2) months after the inventor discloses it in writing to his company personnel responsible for patent matters. The disclosure to the Buyer, or with prior authorization from the Buyer, to the Government, shall be in the form of a written report and shall identify the Project Agreement under which the Invention was Made and the identity of the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, sale, or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. 2. If the Seller determines that it does not intend to retain title to any such Invention, the Seller shall notify the Government, through the Buyer, in writing, within nine (9) months of the disclosure pursuant to Paragraph 1 above. However, in any case where publication, sale or public use has initiated the one (1) year statutory period wherein valid patent protection can still be obtained in the United States, the period for such notice may be shortened the Government to a date that is no more than six (6) months prior to the end of the statutory period. 3. The Seller shall file its initial patent application (whether provisional or non-provisional) on a Subject Invention to which it elects to retain title within one (1) year after election of title or, if earlier, prior to the end of the statutory period wherein valid patent protection can be obtained in the United States after a publication, or sale or public use. The Seller may elect to file patent applications in additional countries (including with the European Patent Office and under the Patent Cooperation Treaty) within either ten (10) months of the corresponding initial patent application (whether provisional or non-provisional) or six (6) months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications, where such filing has been prohibited by a Secrecy Order. 4. After considering the position of the Buyer on behalf of the Seller, a request for extension of the time for disclosure election and filing under this Article X, Paragraph C, may be approved by USG, and USG approval shall not be unreasonably withheld.

Appears in 4 contracts

Samples: Customer Contract, Customer Contract, Customer Contract

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Invention Disclosure, Election of Title, and Filing of Patent Application. 1. The Seller PAH shall disclose in writing each Subject Invention subject invention to Buyer the Government AO, within two four (24) months after the inventor discloses it in writing to his company personnel responsible for patent matters. The disclosure to the Buyer, or with prior authorization from the Buyer, to the Government, Government shall be in the form of a written report and shall identify the Project Agreement and Project Agreement Task Assignment under which the Invention invention was Made made and the identity of the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, sale, or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. 2. If the Seller PAH determines that it does not intend to retain title to any such Inventioninvention, the Seller PAH shall notify the Government, through the Buyer, in writing, Government AO within nine (9) months of disclosure to the disclosure pursuant to Paragraph 1 aboveGovernment Contracting Activity. However, in any case where publication, sale or public use has initiated the one (1) year statutory period wherein valid patent protection can still be obtained in the United States, the period for such notice may be shortened by the Government Contracting Activity to a date that is no more than six sixty (660) months calendar days prior to the end of the statutory periodProject Agreement. 3. The Seller PAH shall file its initial patent application (whether provisional or non-provisional) on a Subject Invention subject invention to which it elects to retain title within one (1) year after election of title or, if earlier, prior to the end of the statutory period wherein valid patent protection can be obtained in the United States after a publication, or sale sale, or public use. The Seller PAH may elect to file patent applications in additional countries (including with the European Patent Office and under the Patent Cooperation Treaty) within either ten (10) months of the corresponding initial patent application (whether provisional or non-provisional) or six (6) months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications, where such filing has been prohibited by a Secrecy Order. 4. After considering the position of the Buyer on behalf of the Seller, a A PAH request for extension of the time for disclosure election election, and filing under this Article XI, Paragraph paragraph C, may be approved by USGthe Government Contracting Activity, and USG which approval shall not be unreasonably withheld.

Appears in 1 contract

Samples: Namc Project Agreement

Invention Disclosure, Election of Title, and Filing of Patent Application. 1. The Seller shall disclose each Subject Invention to Buyer within two (2) months after the inventor discloses it in writing to his company personnel responsible for patent matters. The disclosure to the Buyer, or with prior authorization from the Buyer, to the Government, shall be in the form of a written report and shall identify the Project Agreement under which the Invention was Made and the identity of the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, sale, or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. 2. If the Seller determines that it does not intend to retain title to any such Invention, the Seller shall notify the Government, through the Buyer, in writing, within nine (9) months of the disclosure pursuant to Paragraph 1 above. However, in any case where publication, sale or public use has initiated the one (1) year statutory period wherein valid patent protection can still be obtained in the United States, the period for such notice may be shortened the Government to a date that is no more than six (6) months prior to the end of the statutory period. 3. The Seller shall file its initial patent application (whether provisional or non-provisional) on a Subject Invention to which it elects to retain title within one (1) year after election of title or, if earlier, prior to the end of the statutory period wherein valid patent protection can be obtained in the United States after a publication, or sale or public use. The Seller may elect to file patent applications in additional countries (including with the European Patent Office and under the Patent Cooperation Treaty) within either ten (10) months of the corresponding initial patent application (whether provisional or non-provisional) or six (6) months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications, where such filing has been prohibited by a Secrecy Order. 4. After considering the position of the Buyer on behalf of the Seller, a request for extension of the time for disclosure election and filing under this Article X, Paragraph C, may be approved by USG, and USG approval shall not be unreasonably withheld.ten

Appears in 1 contract

Samples: Customer Contract

Invention Disclosure, Election of Title, and Filing of Patent Application. 1. The Seller Contractor shall disclose each Subject Invention subject invention to Buyer within two four (24) months after the inventor discloses it in writing to his company personnel responsible for patent matters. The disclosure to the Buyer, or with prior authorization from the Buyer, to the Government, Buyer shall be in the form of a written report and shall identify the Project Agreement under which the Invention invention was Made made and the identity of the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological biological, or electrical characteristics of the invention. The disclosure shall also identify any publication, sale, or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. The Contractor shall also submit to Buyer an annual listing of subject inventions. 2. If the Seller Contractor determines that it does not intend to retain title to any such Inventioninvention, the Seller Contractor shall notify the Government, through the Buyer, in writing, within nine eight (9) 8) months of the disclosure pursuant to Paragraph 1 aboveBuyer. However, in any case where publication, sale sale, or public use has initiated the one (1) 1)- year statutory period wherein valid patent protection can still be obtained in the United States, the period for such notice may be shortened the Government by Buyer to a date that is no more than six sixty (660) months calendar days prior to the end of the statutory period. 3. The Seller Contractor shall file its initial patent application (whether provisional or non-provisional) on a Subject Invention subject invention to which it elects to retain title within one (1) year after election of title or, if earlier, prior to the end of the statutory period wherein valid patent protection can be obtained in the United States after a publication, or sale sale, or public use. The Seller Contractor may elect to file patent applications in additional countries (including with the European Patent Office and under the Patent Cooperation Treaty) within either ten (10) months of the corresponding initial patent application (whether provisional or non-provisional) or six (6) months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications, where such filing has been prohibited by a Secrecy Order. 4. After considering the position of the Buyer on behalf of the Seller, a request Requests for extension of the time for disclosure election disclosure, election, and filing under this Article Xmay, Paragraph C, may be approved by USGat the discretion of Buyer, and USG approval shall not after considering the position of the Contractor, be unreasonably withheldgranted.

Appears in 1 contract

Samples: Patent Rights Agreement

Invention Disclosure, Election of Title, and Filing of Patent Application. 1. The Seller CONSORTIUM shall disclose each Subject Invention subject invention to Buyer HHS within two four (24) months after the inventor discloses it in writing to his company personnel responsible for patent matters. The disclosure to the Buyer, or with prior authorization from the Buyer, to the Government, HHS shall be in the form of a written report and shall identify the Project Agreement under which the Invention invention was Made made and the identity of the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological biological, or electrical characteristics of the invention. The disclosure shall also identify any publication, sale, or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. CONSORTIUM shall also submit to HHS an annual listing of subject inventions. 2. If the Seller CONSORTIUM determines that it does not intend to retain title to any such Inventioninvention, the Seller CONSORTIUM shall notify the Government, through the BuyerHHS, in writing, within nine eight (9) 8) months of the disclosure pursuant to Paragraph 1 aboveHHS. However, in any case where publication, sale sale, or public use has initiated the one (1) year 1)-year statutory period wherein valid patent protection can still be obtained in the United States, the period for such notice may be shortened the Government by HHS to a date that is no more than six sixty (660) months calendar days prior to the end of the statutory period. 3. The Seller CONSORTIUM shall file its initial patent application (whether provisional or non-provisional) on a Subject Invention subject invention to which it elects to retain title within one (1) year after election of title or, if earlier, prior to the end of the statutory period wherein valid patent protection can be obtained in the United States after a publication, or sale sale, or public use. The Seller CONSORTIUM may elect to file patent applications in additional countries (including with the European Patent Office and under the Patent Cooperation Treaty) within either ten (10) months of the corresponding initial patent application (whether provisional or non-provisional) or six (6) months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications, where such filing has been prohibited by a Secrecy Order. 4. After considering the position of the Buyer on behalf of the Seller, a request for extension of the time for disclosure election and filing under this Article X, Paragraph C, may be approved by USG, and USG approval shall not be unreasonably withheld.ten

Appears in 1 contract

Samples: Other/Miscellaneous Agreements

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Invention Disclosure, Election of Title, and Filing of Patent Application. 1. The Seller shall disclose each Subject Invention to Buyer DARPA, through Buyer, within two four (24) months after the inventor discloses it in writing to his company personnel responsible for patent matters. The disclosure to the Buyer, or with prior authorization from the Buyer, to the Government, DARPA shall be in the form of a written report and shall identify the Project Agreement under which the Invention was Made made and the identity of the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological biological, or electrical characteristics of the inventionInvention. The disclosure shall also identify any publication, sale, or public use of the invention Invention and whether a manuscript describing the invention Invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. The Seller shall also submit to DARPA, through Buyer, an annual listing of Subject Inventions. 2. If the Seller determines that it does not intend to retain title to any such Invention, the Seller shall notify the Government, through the BuyerDARPA, in writing, through Buyer, within nine eight (9) 8) months of the disclosure pursuant to Paragraph 1 aboveDARPA. However, in any case where publication, sale sale, or public use has initiated the one (1) year 1)-year statutory period wherein valid patent protection can still be obtained in the United States, the period for such notice may be shortened the Government by DARPA to a date that is no more than six sixty (660) months calendar days prior to the end of the statutory period. 3. The Seller shall file its initial patent application (whether provisional or non-provisional) on a Subject Invention to which it elects to retain title within one (1) year after election of title or, if earlier, prior to the end of the statutory period wherein valid patent protection can be obtained in the United States after a publication, or sale sale, or public use. The Seller may elect to file patent applications in additional countries (including with the European Patent Office and under the Patent Cooperation Treaty) within either ten twelve (1012) months of the corresponding initial patent application or eight (whether provisional or non-provisional) or six (6) 8) months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications, where such filing has been prohibited by a Secrecy Order. 4. After considering the position of the Buyer on behalf of the Seller, a request Requests for extension of the time for disclosure election election, and filing under this Article XVII, Paragraph Cmay, may be approved by USGat the discretion of DARPA, and USG approval shall not after considering the position of the Seller, be unreasonably withheldgranted.

Appears in 1 contract

Samples: Customer Contract Requirements

Invention Disclosure, Election of Title, and Filing of Patent Application. 1. The Seller Contractor shall disclose each Subject Invention subject invention to Buyer within two four (24) months after the inventor discloses it in writing to his company personnel responsible for patent matters. The disclosure to the Buyer, or with prior authorization from the Buyer, to the Government, Buyer shall be in the form of a written report and shall identify the Project Agreement under which the Invention invention was Made made and the identity of the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological biological, or electrical characteristics of the invention. The disclosure shall also identify any publication, sale, or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. The Contractor shall also submit to Buyer an annual listing of subject inventions. 2. If the Seller Contractor determines that it does not intend to retain title to any such Inventioninvention, the Seller Contractor shall notify the Government, through the Buyer, in writing, within nine eight (9) 8) months of the disclosure pursuant to Paragraph 1 aboveBuyer. However, in any case where publication, sale sale, or public use has initiated the one (1) year 1)-year statutory period wherein valid patent protection can still be obtained in the United States, the period for such notice may be shortened the Government by Buyer to a date that is no more than six sixty (660) months calendar days prior to the end of the statutory period. 3. The Seller Contractor shall file its initial patent application (whether provisional or non-provisional) on a Subject Invention subject invention to which it elects to retain title within one (1) year after election of title or, if earlier, prior to the end of the statutory period wherein valid patent protection can be obtained in the United States after a publication, or sale sale, or public use. The Seller Contractor may elect to file patent applications in additional countries (including with the European Patent Office and under the Patent Cooperation Treaty) within either ten (10) months of the corresponding initial patent application (whether provisional or non-provisional) or six (6) months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications, where such filing has been prohibited by a Secrecy Order. 4. After considering the position of the Buyer on behalf of the Seller, a request Requests for extension of the time for disclosure election disclosure, election, and filing under this Article Xmay, Paragraph C, may be approved by USGat the discretion of Buyer, and USG approval shall not after considering the position of the Contractor, be unreasonably withheldgranted.

Appears in 1 contract

Samples: Customer Contract Requirements

Invention Disclosure, Election of Title, and Filing of Patent Application. 1. The Seller PAH shall disclose each Subject Invention subject invention to Buyer the CAO within two (2) months after the inventor discloses it in writing to his company personnel responsible for patent matters. The disclosure to the BuyerCAO, or with prior authorization from the BuyerAO, to the Government, shall be in the form of a written report and shall identify the Project Agreement under which the Invention invention was Made made and the identity of the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, sale, or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. 2. If the Seller PAH determines that it does not intend to retain title to any such Inventioninvention, the Seller PAH shall notify the Government, through the BuyerCAO, in writing, within nine (9) months of the disclosure pursuant to Paragraph 1 above. However, in any case where publication, sale or public use has initiated the one (1) year statutory period wherein valid patent protection can still be obtained in the United States, the period for such notice may be shortened the Government to a date that is no more than six (6) months prior to the end of the statutory period. 3. The Seller PAH shall file its initial patent application (whether provisional or non-provisional) on a Subject Invention subject invention to which it elects to retain title within one (1) year after election of title or, if earlier, prior to the end of the statutory period wherein valid patent protection can be obtained in the United States after a publication, or sale or public use. The Seller PAH may elect to file patent applications in additional countries (including with the European Patent Office and under the Patent Cooperation Treaty) within either ten (10) months of the corresponding initial patent application (whether provisional or non-provisional) or six (6) months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications, where such filing has been prohibited by a Secrecy Order. 4. After considering the position of the Buyer CAO on behalf of the SellerPAH, a request for extension of the time for disclosure election and filing under this Article X, Paragraph C, may be approved by USGACC-RSA, and USG ACC-RSA’s approval shall not be unreasonably withheld.

Appears in 1 contract

Samples: Confidentiality Agreement

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