Common use of Joint Improvements Clause in Contracts

Joint Improvements. Any discoveries, improvements, inventions, and/or proprietary technology arising from the development of the API, the Product, any Additional Product or Other Product invented jointly by RELIANT, any of RELIANT’s subsidiaries, sublicensees or agents, and PRONOVA or any of PRONOVA’s subsidiaries, licensees or agents, including but not limited to any modifications such as new formulations or dosage forms, whether patentable or not (collectively, the “Joint Improvements” and, together with RELIANT Improvements and PRONOVA Improvements, referred to herein as the “Improvements”) shall be jointly owned by RELIANT and PRONOVA and each Party shall have the right to use and exploit such Joint Improvements without the other Party’s consent or any duty to account to the other Party for such use or exploitation. With regard to Joint Improvements, each Party may publish information regarding technical developments and/or research findings made jointly by both of the Parties. With respect to such publications, each Party agrees to submit a copy of any proposed publication to the other Party at least thirty (30) days prior to submission for publication in order to allow the other Party to determine whether any subject matter to be published warrants patent protection. In such case, the other Party will identify such subject matter requiring protection and notify the publishing Party thereof. The publishing Party hereby agrees to delay publication of such subject matter for a period of time mutually agreeable to the parties (but in no case for less than thirty (30) days after any notification of the other Party’s desire for patent protection) in order to permit the Parties, whether solely or jointly, to file U.S. and/or foreign patent applications prior to the publication date that would prevent the Parties from obtaining valid patent rights in the relevant subject matter.