Joint Inventions and Discoveries. Pioneer and MPS will jointly own all -------------------------------- joint inventions and discoveries, including, without limitation, Joint Enabling Technology, jointly invented or discovered by the parties during the course of this Agreement. The Research Committee will be responsible for establishing a process for identifying joint inventions or discoveries for informing the inventors that no publication of such invention or discovery shall be made without advance written approval from the Committee and for prosecuting patent applications in any and all jurisdictions related thereto. The Business Committee will decide upon the jurisdictions in which each such application will be filed. The cost and expense of filing and prosecuting any such patent applications and of maintaining issued patents will be shared on an equal fifty-fifty basis by MPS and Pioneer. In the event that one party desires to file and prosecute a patent application covering Joint Enabling Technology in a particular country and the other party does not, the party desiring to file such patent application may do so at its own expense. If the declining party desires to maintain joint ownership of the Joint Enabling Technology in such country covered by such patent application, then the declining party must reimburse the filing party for 100% of all cost and expenses of preparing, filing and prosecuting such patent application plus 25% thereof on or prior to the second anniversary of the filing of such patent application. If the declining party does not reimburse such costs and expenses, plus 25% thereof, on or before such second anniversary date, then the declining party hereby forfeits any and all rights to such Joint Enabling Technology covered by such patent application except to the extent necessary to commercialize Insect Resistant BIP Crops pursuant to the licenses granted under Article 4. Notwithstanding the foregoing, in the event that either MPS or Pioneer determines in good faith that any such joint invention or discovery, including, without limitation, any Joint Enabling Technology, should be held as a trade secret, then neither party will file or prosecute any patents with respect to such invention or discovery.
Joint Inventions and Discoveries. Any Intellectual Property jointly developed by the Parties ("Joint Intellectual Property") hereunder shall be --------------------------- jointly owned and jointly commercialized by them. "Jointly developed" shall mean ----------------- that the parties have each contributed in a meaningful manner to the development either financially or in services. Unless separately provided otherwise under later agreement, the Parties shall mutually determine any efforts necessary to establish, protect, maintain, use and otherwise exploit Joint Intellectual Property. The Parties shall each execute any documentation necessary to establish such joint ownership, and shall ensure that any personnel, whether employees, independent contractors, or others, who provide services related to the foregoing Joint Intellectual Property have executed any documents necessary to permit the foregoing joint ownership. Each Party, as an Originating Party, agrees to grant to the other Party a non-exclusive, perpetual right and license to any Intellectual Property of the Originating Party necessary to permit such Party to exercise its rights to Joint Intellectual Property under this Section ------- 9.2. ---
Joint Inventions and Discoveries. Notwithstanding the provisions of any other section of this Agreement, it is agreed that any Patents or Patent Rights arising out of or in connection with the Research Program that are jointly invented by one or more employees of both the University and Nanogen shall be jointly owned by the University and Nanogen ("Joint Patent Rights"). All patent applications on the Joint Patent Rights shall be agreed to by each of the parties and filed, prosecuted and maintained jointly by the parties at their joint expense. If for any reason Nanogen or the University shall decline to
Joint Inventions and Discoveries. COPYRIGHT MATERIAL Any invention, discovery or know-how (whether patentable or not) made jointly by the parties in the course of activities under this Agreement shall be jointly owned by the parties; provided that any such joint invention or discovery that is incorporated into or otherwise applied to the Product shall not be incorporated into or applied to any product that competes with the Product by either party. Any copyright material which may be created by Savient or to which Savient may contribute under this Agreement will belong absolutely to Ferring, provided that such copyright material is created in the course of fulfilling Savient's obligations hereunder. Savient will at Ferring's request and expense, assign to Ferring its title to any such copyright material. No royalty or other payment will be due by either party to the other in respect of any such joint invention, discovery or know-how, or by Ferring to Savient in respect of any such copyright material.
