Maintenance and Prosecution. Each Participant is responsible for any protection of the Foreground its owns pursuant to this Consortium Agreement and shall have to file patent applications for such Foreground in their own name(s) and at their own expense. Joint owners of Foreground shall agree between them on who shall be responsible for the timely prosecution and maintenance of all such Foreground and the Participant that is nominated to be so responsible shall be entitled to charge the other joint owners with a percentage of the costs of so doing as agreed between the joint owners. In the absence of any agreement to the contrary between joint owners such costs shall be equally shared.
Maintenance and Prosecution. Each Party is responsible for any protection of the Foreground that it owns pursuant to this Consortium Agreement and shall have the right to file patent applications for such Foreground in their own name and at its own expense. If the Research Organization and/or the Industrial Party are joint owners of Foreground the owning Parties shall discuss which Party will be in the lead of patent prosecution and how the associated costs will be shared.
Maintenance and Prosecution. Each Party is responsible for any protection of the Foreground its owns pursuant to this Consortium Agreement and shall have to file patent applications for such Foreground in their own name(s) and at their own expense. Joint owners of Foreground shall agree between them on who shall be responsible for the timely prosecution and maintenance of all such Foreground and the Party that is nominated to be so responsible shall be entitled to charge the other joint owners with a percentage of the costs of so doing as agreed between the joint owners. In the absence of any agreement to the contrary between joint owners such costs shall be equally shared.
Maintenance and Prosecution. Braeburn shall have the first right to Prosecute and Maintain, in Titan’s name, the Titan Core Patents and, in the names of both Parties, any patent application(s) or patent(s) arising from Joint Inventions, using patent counsel selected by Braeburn and reasonably acceptable to Titan, and shall be responsible for the payment of all Prosecution and Maintenance costs. Braeburn agrees to keep Titan informed of the course of patent prosecution or other proceedings, including by providing Titan with copies of office actions and communications received by Braeburn from, and communications sent by Braeburn to, the United States Patent and Trademark Office and foreign patent offices concerning such Patent Rights. Braeburn shall solicit Titan’s review of the nature and text of such patent applications and prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and Braeburn shall consider in good faith Titan’s reasonable comments related thereto. Upon Braeburn’s request, Titan shall reasonably cooperate in the Prosecution and Maintenance of any such patent application or patent. If Braeburn elects not to Prosecute and Maintain a patent application or patent included in such Patent Rights in the Territory, it shall provide Titan with no less than ninety (90) days’ written advance notice sufficient to avoid any loss or forfeiture. In such event Titan shall have the right, but not the obligation, at its sole expense, to Prosecute and Maintain such patent application or patent as owner thereof and, at Titan’s election and upon not less than thirty (30) days’ prior written notice to Braeburn, such patent application or patent shall no longer be deemed or included in Patent Rights under this Agreement. Titan shall have the sole right to Prosecute and Maintain any patent application(s) or patent(s) arising from the Titan Inventions, at its sole expense.
Maintenance and Prosecution. Indevus shall have the first right to file, prosecute and maintain the Indevus Patent Rights in Indevus’s name, using patent counsel selected by Indevus and shall be responsible for the payment of all patent prosecution and maintenance costs. Indevus agrees to keep Odyssey informed of the course of patent prosecution or other proceedings including by providing Odyssey with copies of office actions received by Indevus from the United States Patent and Trademark Office concerning Indevus Patent Rights. If Indevus elects not to file, prosecute or maintain a patent application or patent included in the Indevus Patent Rights in the Territory, it shall provide Odyssey with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Odyssey shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent. Odyssey shall have the first right to file, prosecute and maintain the Odyssey Patent Rights in Odyssey’s name, using patent counsel selected by Odyssey and shall be responsible for the payment of all patent prosecution and maintenance costs. Odyssey agrees to keep Indevus informed of the course of patent prosecution or other proceedings including by providing Indevus with copies of office actions received by Odyssey from the United States Patent and Trademark Office concerning Odyssey Patent Rights. If Odyssey elects not to file, prosecute or maintain a patent application or patent included in the Odyssey Patent Rights in the Territory, it shall provide Indevus with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Indevus shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent. Indevus shall have the first right to file, prosecute and maintain any patent application(s) or patent(s) arising from Joint Inventions and shall be responsible for the payment of all patent prosecution and maintenance costs. Upon Indevus’s request, Odyssey shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. If Indevus elects not to file, prosecute or maintain any such patent application or patent in any particular country in the Territory, it shall provide Odyssey with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Odyssey shall ...
Maintenance and Prosecution. Each Party is responsible for any protection of the Foreground its owns pursuant to this ICA and shall have to file patent applications for such Foreground in their own name(s) and at their own expense. Joint owners of Foreground shall agree between them on who shall be responsible for the timely prosecution and maintenance of all such Foreground and the Party that is nominated to be so responsible shall be entitled to charge the other joint owners with a percentage of the costs of so doing as agreed between the joint owners. In the absence of any agreement to the contrary between joint owners such costs shall be equally shared.
Maintenance and Prosecution. (a) At its own expense, Licensee shall have the right to file, prosecute and maintain all new and existing applications for, and registrations of (i) the Boise Name Mxxx in the Field of Use that contain a description of products and services that are in the Field of Use, or (ii) the Orange Dot Mxxx outside the Retained Businesses; provided, that Licensee shall give notice to Licensor of any new applications for registration of any of the foregoing.
(b) At its own expense, Licensor shall have the right to file, prosecute and maintain all new and existing applications for, and registrations of any Boise Name Mxxx in the Retained Businesses that contain a description of products and services that are in the Retained Businesses; provided, that Licensor shall give notice to Licensee of any new applications for registration of any of the foregoing.
(c) At its own expense, either Party may file and prosecute new applications for registration of the Boise Name Mxxx that are (i) outside the Field of Use; (ii) outside the Retained Businesses; and (iii) unlikely to cause confusion with any registrations used by the other Party in the Field of Use or the Retained Businesses, but only after obtaining the other Party’s prior written approval, which approval shall not be unreasonably withheld or delayed. The Party seeking to file an application for registration pursuant to this Section 5.4(c) shall give written notice of such proposed new application to the other Party who shall approve or deny such proposed new application within thirty (30) days after receipt thereof; provided, that a Party’s failure to respond to such a proposed new application within such thirty (30) day period shall be deemed an approval.
(d) In the event either Party elects not to maintain any existing registration for any Boise Mxxx, or not to prosecute an application for registration of any Boise Mxxx, such Party shall promptly notify the other Party in writing of such decision, but in no event less than sixty (60) days prior to the date on which the registration or application shall become abandoned, and the other Party shall have the right (but not the obligation) to continue to prosecute the trademark application, or to maintain the registration of the Boise Mxxx, in each case in its own name and at its own expense. If the other Party elects to so prosecute or maintain the application or Boise Mxxx, it shall provide the abandoning Party with written notice of such election, and the abandoning ...
Maintenance and Prosecution. (a) Licensor shall have the right and the obligation to file, prosecute and maintain the Licensor Patent Rights in Licensor’s name, using patent counsel selected by Licensor. Licensor shall pay all patent prosecution and maintenance costs relating to the Licensor Patent Rights licensed hereunder. If for any reason Licensor elects not to pay any applicable maintenance costs in the Territory during the Term, or elects not to file an application for a Licensor Patent Right, Licensor shall notify Licensee at least 45 days prior to the date an applicable payment is due or the date any loss or forfeiture of rights may occur, and Licensee may take over the maintenance and/or prosecution of such Licensor Patent Rights; provided, however, that any existing Valid Claims of such Licensor Patent Rights will be deemed no longer Valid Claims for purposes of this Agreement and SECTION 4.3(a). Licensor shall promptly, but no less then each Calendar Quarter, inform Licensee of all new Licensor Patent Rights in the Territory. Licensor shall have the sole right to file, prosecute and maintain all Jointly Owned Intellectual Property in the People’s Republic of China.
(b) Licensee shall have the first right to file, prosecute and maintain the Licensee Patent Rights in Licensee’s name, using patent counsel selected by Licensee. Licensee shall pay all patent prosecution and maintenance costs relating to the Licensee Patent Rights. If for any reason Licensee elects not to pay any applicable maintenance costs in the People’s Republic of China during the Term, or elects not to file an application for a Licensee Patent Right in the People’s Republic of China during the Term, Licensee shall notify Licensee at least 45 days prior to the date an applicable payment is due or the date any loss or forfeiture of rights may occur, and Licensee may take over the maintenance and/or prosecution of such Licensee Patent Rights in the People’s Republic of China. Licensee shall promptly, but no less then each Calendar Quarter, inform Licensor of all new Licensee Patent Rights in the People’s Republic of China. Licensee shall have the sole right to file, prosecute and maintain all Jointly Owned Intellectual Property in all countries in the Territory.
(c) The responsible Party under this SECTION 6.2 shall solicit the other Party’s review of the nature and text of any Patent Rights arising during the Term that are necessary or useful for the Development or Commercialization of the Technology or the L...
Maintenance and Prosecution. 18 7.2 Ownership................................................................................18 8. Assertion or Defense of Patent Rights..........................................................19 8.1
Maintenance and Prosecution. 4.1 SHELL agrees to treat the SHELL Intellectual Property in the same manner as it treats its other Intellectual Property Rights of a similar nature, and agrees not to abandon any patent applications and patents forming part of the Licensed Patents without the prior written consent of the Company, such consent not to be unreasonably withheld. In the event that SHELL wishes to abandon any such patent application or patent SHELL will give 30 days notice of the intended date of abandonment, discuss within such 30 day period with the relevant licensees of such patent application or patent (who at the relevant time are actively exploiting a licence in respect of such patent application or patent), the terms and conditions of an assignment for no additional monetary consideration, with immunity from suit in respect thereof being granted to SHELL and its Affiliates and assigns to one or more of such licensees of any such patent application or patent and the granting of the right, either singularly or jointly, to continue prosecution of and the maintenance of any such patent application or patent (with the licensee in question bearing the cost of preparation and recordal of any assignment).
4.2 SHELL agrees to provide to the Company on an annual basis a report on the status of the Licensed Patents. SHELL further agrees upon the reasonable request of the Company to provide copies of the novelty search reports carried out by patent offices in the course of the prosecution of the Licensed Patents that have been received by SHELL or an Affiliate of SHELL.
4.3 The Company shall notify SHELL in writing of any suspected infringement by any third party of any Licensed Patent. If the Company supplies to SHELL evidence that reasonably demonstrates infringement by a third party in the Field of Use of one or more of the Licensed Patents to an extent so as to cause actual loss of business (including loss of contract) of the Company or any Affiliate of the Company ("a Third Party Infringement") in a particular Product or Service and SHELL has failed to take commercially reasonable steps either to cause the Third Party Infringement to cease (whether pursuant to a Court order, undertaking or otherwise) or, provided SHELL is entitled hereunder to do so, license such third party, in either case, within six (6) months of a written notification from the Company of such Third Party Infringement (such notice to contain reasonable evidence to demonstrate Third Party Infringement includi...
