Joint CRADA Inventions. Jointly-conceived CRADA Inventions shall be jointly owned. Collaborator shall be responsible for filing U.S. Patent Applications for joint CRADA Inventions in a timely manner. If Collaborator does not file a U.S. Patent Application on a joint CRADA Invention within six (6) months after disclosure, NIST may file a U.S. Patent Application on such joint CRADA Invention. The non-filing Party shall reasonably cooperate and assist the filing Party in perfecting the patent application, and the filing Party shall have the right to control the prosecution of the U.S. Patent Application.
Joint CRADA Inventions. Joint CRADA Inventions shall be jointly owned by the employing Parties of the inventors. The joint owners of a Joint CRADA Invention may but are not obligated to file U.S. Patent Applications on such Joint CRADA Inventions. If the Parties who own a Joint CRADA Invention mutually agree to file U.S. Patent Applications and/or foreign patent applications, they shall agree between or among themselves which owning Party shall be responsible for filing the application(s) in a timely manner. If only one of the joint owners wants to file for patent protection, that joint owner may file a U.S. Patent Application and/or foreign patent applications on the Joint CRADA Invention at its sole expense. In all instances, the non-filing Party shall reasonably cooperate and assist the filing Party in perfecting the patent application and the Filing Party shall have the right to control the prosecution of the U.S. and/or foreign Patent Application. The owning Party of a Joint CRADA Invention will grant the non-owning Party a research license to Joint CRADA Inventions with a right to grant nonexclusive research licenses to other nonprofit institutions to use Joint CRADA Inventions for educational and research purposes in their facilities. This research license shall not include any rights to make, sell or use Joint CRADA Inventions for commercial purposes or in lieu of purchase as a commercial product.
