Inventorship Determination. The inventorship of all Sole Inventions and Joint Inventions will be determined in accordance with the U.S. patent law.
Inventorship Determination. WU’s and Licensee’s legal counsel will determine whether Licensee is an inventor of the invention claimed in the Special Patent Right application. Such determination will commence upon the Effective Date and last no longer than thirty (30) days. Such inventorship determination shall have no bearing on the royalty rate to be paid with respect to the Special Licensed Product and the royalty rate will be […***…]% pursuant to Section 5.3(a)(i).
Inventorship Determination. The Patent Arbitrator shall make a determination regarding inventorship of each claim in the Xxxxxxx Applications, the von Borstel Applications and, if applicable, the Page Applications as soon as practicable. The Patent Arbitrator’s determination of inventorship on a claim by claim basis shall be set out in writing and shall contain a brief explanation of the reasoning behind the determination with regard to each claim.
Inventorship Determination. 6.1 [*]. The Parties will submit to the following procedure for the determination of proper inventorship:
6.1.1 [*]. The Parties will meet and confer as needed within the sixty (60) day period following the Effective Date to attempt to resolve the inventorship of the Disputed Applications. MERCK shall undertake a good faith review of the Disputed Applications and other SIRNA Patent Rights and may abandon an application(s) or amend the specification(s) and/or amend, delete and/or introduce new claims in such applications. Prior to the meeting, MERCK shall provide PROTIVA with copies of the then existing claims of the Disputed Applications and at its discretion a description of any other relevant changes that MERCK has made in other relevant MERCK patents or patent applications including identifying any subject matter it proposes not to pursue in future patent claims. Any agreed resolution of the inventorship of claims in either or both of the Disputed Applications shall be in a writing signed by the Parties as an addendum to this Agreement.
6.1.2 In the event that after the sixty (60) day period, the Parties do not agree on resolution of the inventorship of the then existing claims of the Disputed Applications then either Party may provide the other Party with written notice (“Trigger Notice”) that it will submit those claims to a Patent Expert (“PE”) for an inventorship determination under this Section 6.
6.1.3 Within sixty (60) days of the Trigger Notice the Parties shall either agree on the appointment of a mutually acceptable experienced patent expert or if no agreement can be reached, the Parties shall, within ten (10) days thereafter, simultaneously exchange nominations of patent experts in groups of five until a common nominee is encountered. Where multiple such exchanges of nominations are required, each such exchange shall occur within ten days after the preceding exchange. If multiple common nominees are encountered in the same exchange, and the parties are not able to agree within five (5) days thereafter upon a single nominee from such common nominees, the nominee will be selected within a further five days by the drawing of lots in a manner mutually acceptable to the Parties. The nominee shall be referred to herein as the Patent Expert or “PE”. Any submission under Section 6 by a Party to the PE shall be simultaneously served on all other opposing Parties. In the event, as described above, that multiple common nominees are encountered in an exc...
Inventorship Determination. Inventorship shall be determined in accordance with the U.S. patent law.
Inventorship Determination. Inventorship of inventions conceived of and reduced to practice in the Program shall be determined in accordance with the laws of the United States of America. The Parties will promptly notify each other in confidence of any inventions if such inventions are required to be assigned to the other Party pursuant to this Agreement. In the event of a dispute between Novartis and SomaLogic over inventorship, the Parties will attempt in good faith to resolve such dispute through discussions and, if the dispute is not resolved within thirty (30) days after commencing such discussions, will designate independent U.S. patent counsel mutually acceptable to the Parties to render a binding and non-appealable opinion with respect to such dispute, who (and whose firm) is not at the time of the dispute, and was not at any time during the five (5) years prior to such dispute, performing services for either of the Parties. Expenses and fees of such patent counsel will be shared equally by the Parties.
Inventorship Determination. The Parties agree that [***].
