Common use of Kinex Patent Rights Clause in Contracts

Kinex Patent Rights. Kinex shall have the sole right to file, prosecute and maintain the Kinex Patent Rights in Kinex’s name, by retaining patent counsel selected by Kinex *** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission. EXECUTION COPY and shall be responsible for the payment of all costs and fees relating to patent prosecution and maintenance. Kinex agrees to keep Hanmi informed of the course of patent prosecution, application or other proceedings and to furnish Hanmi, per its request, with copies of office actions received by Kinex from any Regulatory Authority outside the Territory concerning Kinex Patent Rights. Kinex shall also have the first right to file, prosecute and maintain all Jointly Owned Intellectual Property in all countries in the Territory. Kinex hereby grants a right of first refusal to Hanmi for any Kinex Patent Rights for which Kinex intends to grant any right or license outside the Territory. Kinex shall provide Hanmi with written notice of the terms on which Kinex proposes to license such Kinex Patent Rights outside the Territory, and Hanmi shall have ninety (90) days from the date of receipt of such written notice to send a written reply to Kinex indicating its desire to license such Kinex Patent Rights on the terms contained in Kinex’s written notice. If Hanmi does not respond within the ninety (90) days, Kinex shall be free to license such Kinex Patent Rights to third parties outside the Territory on the terms and conditions contained in the written notice sent to Hanmi.

Appears in 2 contracts

Samples: License Agreement (Athenex, Inc.), License Agreement (Athenex, Inc.)

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Kinex Patent Rights. Kinex shall have the sole right to file, prosecute file and maintain the Kinex Patent Rights in Kinex’s name, name or the name of its Affiliates within and outside the Territory by retaining patent counsel selected by Kinex *** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission. EXECUTION COPY counsel selected by Kinex and shall be responsible for the payment of all costs and fees relating to patent prosecution filing and maintenance. Kinex agrees to keep Hanmi informed of the course of patent prosecution, application or other proceedings and to furnish Hanmi, per its request, with copies of office actions received by Kinex from any Regulatory Authority outside the Territory concerning Kinex Patent Rights. Kinex or its Affiliates shall also have the first right to file, prosecute file and maintain all Jointly Owned Intellectual Property in all countries in the Territory. Kinex hereby grants a right of first refusal to Hanmi for any Kinex Patent Rights required by the Licensed Products for which Kinex intends to grant any right or license outside the TerritoryTerritory and outside any territories licensed to its Affiliates. Kinex shall provide Hanmi with written notice of the terms on which Kinex proposes to license such Kinex Patent Rights outside the TerritoryTerritory and outside any territories licensed to its Affiliates, and Hanmi shall have ninety (90) days from the date of receipt of such written notice to send a written reply to Kinex indicating its desire to license such Kinex Patent Rights on the terms contained in Kinex’s written notice. If Hanmi does not respond within the ninety (90) days, Kinex shall be free to license such Kinex Patent Rights to third parties outside the Territory and outside any territories licensed to its Affiliates on the terms and conditions contained in the written notice sent to Hanmi.

Appears in 2 contracts

Samples: Amendment Agreement (Athenex, Inc.), Amendment Agreement (Athenex, Inc.)

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Kinex Patent Rights. Kinex shall have the sole obligation to file, prosecute and maintain the Kinex Patent Rights contained in Schedule 1.2 to this Agreement in Kinex’s name, by retaining patent counsel selected by Kinex and shall be responsible for the payment of all costs and fees relating to patent prosecution and maintenance. Kinex shall have the first right to file, prosecute and maintain the any further Kinex Patent Rights in Kinex’s name, by retaining patent counsel selected by Kinex and shall be responsible for the payment of all costs and fees relating to patent prosecution and maintenance. Kinex agrees to keep ZenRx informed of the course of patent prosecution, application or *** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission. EXECUTION COPY and shall be responsible for the payment of all costs and fees relating to patent prosecution and maintenance. Kinex agrees to keep Hanmi informed of the course of patent prosecution, application or other proceedings and to furnish HanmiZenRx, per its request, with copies of office actions received by Kinex from any Regulatory Authority outside within the Territory concerning Kinex Patent Rights. Kinex shall also have the first right to file, prosecute and maintain all Jointly Owned Intellectual Property in all countries in the Territory. Kinex hereby grants a right of first refusal to Hanmi for any Kinex Patent Rights for which Kinex intends to grant any right or license outside the Territory. ZenRx may request that Kinex shall provide Hanmi with written notice make additional patent application filings within the Territory for the Kinex Intellectual Property. If Kinex elects not to make such filings within a period of the terms on which Kinex proposes to license such Kinex Patent Rights outside the Territory, and Hanmi shall have ninety thirty (9030) days from the date of receipt such request, ZenRx shall have the right to make the filing and prosecute the application in the name of and as agent for Kinex. In such written notice to send a written reply to Kinex indicating its desire to license such Kinex Patent Rights on the terms contained in Kinex’s written notice. If Hanmi does not respond within the ninety (90) daysevent, Kinex ZenRx shall be free responsible for the payment of all costs and fees relating to license such Kinex Patent Rights to third parties outside the Territory on the terms patent filing, prosecution and conditions contained in the written notice sent to Hanmimaintenance.

Appears in 1 contract

Samples: License Agreement (Athenex, Inc.)

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