Joint Program Patent Rights Clause Samples
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Joint Program Patent Rights. ▇▇▇▇▇▇▇ shall have the initial right, but not the obligation, to prepare, file, prosecute and maintain Joint Program Patent Rights at its own expense in such countries as it deems appropriate, and conducting any interferences, re-examinations, reissues, or oppositions relating thereto using counsel mutually selected and engaged by ▇▇▇▇▇▇▇ and BN. If ▇▇▇▇▇▇▇ elects to not file, prosecute or maintain a Joint Program Patent Right, then it shall provide BN with at least thirty (30) day’s prior written notice and BN shall have the option, at its own expense, to file, prosecute or maintain such Joint Program Patent Right using counsel mutually selected and engaged by ▇▇▇▇▇▇▇ and BN.
Joint Program Patent Rights. Promptly after the determination pursuant to Section 9.5 that any Program Technology is Joint Program Technology, ArQule will have the right, but not the obligation, to undertake the prosecution of Joint Program Patent Rights. Beryllium shall cooperate with and assist ArQule in all reasonable respects, in connection with ArQule’s preparation, filing, prosecution and maintenance of Joint Program Patent Rights. All Patent Costs incurred in connection with the preparation, filing, prosecution and maintenance of Joint Program Patent Rights shall be shared equally by the Parties. If a Party is not interested in equally sharing, or is not willing to equally share, the related Patent Costs with respect to any such Joint Program Patent Rights in a given country, then (a) the other Party (without payment), shall have the right to require that Party to assign (at the assigning Party’s own cost and expense), its rights in the Joint Program Patent Rights to the other Party, and (b) the other Party shall at its own cost and expense, file for and prosecute such Joint Program Patent Rights in such country in the other Party’s own name. In addition, if ArQule decides to cease prosecution or to allow to lapse any of the Joint Program Patent Rights for which it is responsible or decides not to prepare or file any patent application for Joint Program Patent Rights for which it is responsible in any country, ArQule shall inform Beryllium of such decision promptly and, in any event, so as to provide Beryllium a reasonable amount of time to meet any applicable deadline to establish or preserve such Joint Program Patent Rights in such country or region. Beryllium shall have the right, but not the obligation, to assume responsibility for continuing the prosecution of such Joint Program Patent Rights in such country or region and paying any required fees to maintain such Joint Program Patent Rights in such country or region or defending such Joint Program Patent Rights, all at Beryllium’s sole expense, through patent counsel or agents of its choice. Beryllium shall not become an assignee of any such Joint Program Patent Rights as a result of its assumption of any such responsibility. Upon transfer of ArQule’s responsibility for filing, prosecuting and maintaining any of the Joint Program Patent Rights to Beryllium under this Section 10.1.3, ArQule shall promptly deliver to Beryllium copies of all necessary files related to the Joint Program Patent Rights with respect to which resp...
Joint Program Patent Rights. The Parties will cooperate through their respective Patent Coordinators to jointly select outside patent counsel to handle the filing, prosecution and maintenance of patents and patent applications claiming Joint Program Technology. ROSETTA shall control the prosecution of patent applications claiming inventions that are Joint Program Technology provided that, in addition to the provisions of Section 7.1.4, ROSETTA shall not take any action to amend or abandon any claim in a manner which would reduce the scope of coverage in the Field without the consent of AMBION, not to be unreasonably withheld, without affording AMBION the opportunity to retain such claim. The fees of counsel and the other costs and expenses related to patents and patent applications shall be shared equally by the Parties. Should one Party desire not to share in the cost of any such patent or patent applications, the other Party shall gain sole control of the filing, prosecution or maintenance of such patents or patent applications, which shall be deemed to be the Program Technology of such Party and such Party shall have sole responsibility for filing, prosecution or maintenance expenses with respect thereto.
Joint Program Patent Rights. In the event of a Third Party Infringement of a Joint Program Patent Right outside the Field, the Parties shall enter into discussions as to whether and how to eliminate such Third Party Infringement. Each Party shall bear an equal share of the cost of any action, suit or proceeding instituted under this Section 7.2.1(c). An equal share of all amounts recovered shall be received by each party. If the Parties are unable to determine whether and how to institute an action, suit or proceeding for Third Party Infringement of any such Joint Program Patent Right in the Diagnosis of any disease other than Prostate Cancer, either Party shall have the right to prosecute such Third Party Infringement, in which event that Party shall hear all of the expense and be entitled to retain all amounts that it recovers. If the Parties are unable to determine whether and how to institute an action, suit or proceeding for Third Party Infringement of any such Joint Program Patent Right in the Therapy of any disease or any other use of Joint Program Patent Rights, ROSETTA shall have the right to Prosecute such Third Party Infringement, in which event ROSETTA shall bear all of the expense and be entitled to retain all amounts that it recovers. Each Party shall have the right to be represented by counsel of its own selection in any action, suit or proceeding instituted under this Section 7.2.1(c) by the other Party. If a Party lacks standing and the other Party has standing to bring any such action, suit or proceeding, then the Party with standing shall bring such suit at the at the request and expense of the other Party.
Joint Program Patent Rights. In the event of an Infringement of a Joint Program Patent Right, then, subject to ArQule’s rights pursuant to Section 10.2.1(a)(ii), the Parties shall enter into good faith discussions as to whether and how to eliminate the Infringement.
Joint Program Patent Rights. The Parties will cooperate to jointly select outside patent counsel to handle the filing, prosecution and maintenance of patents and patent applications claiming Joint Information and Inventions. The Parties shall jointly determine which Party shall control the prosecution of patent applications claiming inventions that are Joint Information and Inventions. The fees of counsel and the other costs and expenses related to patents and patent applications claiming Joint Information and Inventions shall be shared equally by the Parties. Should one Party desire not to share in the cost of any such patent or patent applications, the other Party shall gain sole control of the filing, prosecution and maintenance of such patents or patent applications, which shall be deemed to be the Information and Inventions of such Party and such Party shall have sole responsibility for filing, prosecution and maintenance expenses with respect thereto.