Maintenance of the Patents. (a) The Company shall have full responsibility for, and shall control the preparation and prosecution of, all patent applications and the maintenance of all patents relating to the Technology (including the Patents) throughout the Territory. In connection therewith, the Company shall generally consult with ERS on all future filings with respect to the Patents and the prosecution and maintenance of such Patents, including where appropriate or reasonably requested by ERS, providing copies to ERS of any such filings made to, and written communications received from, any patent office relating, in whole or in part, to the Patents. The Company shall pay all costs and expenses of filing, prosecuting and maintaining the Patents and the patents covering Inventions arising from the Technology. ERS shall have full responsibility for, and shall control the preparation and prosecution of, all patent applications and the maintenance of all patents relating to ERS Inventions throughout the Territory. In connection therewith, ERS shall generally consult with the Company on all future filings with respect to such patents and the prosecution and maintenance of such patents, including where appropriate or reasonably requested by the Company, providing copies to the Company of any such filings made to, and written communications received from, any patent office relating, in whole or in part, to such patents. ERS shall pay all costs and expenses of filing, prosecuting and maintaining patents covering ERS Inventions. Notwithstanding the foregoing, the Company shall not have the right to file patent applications or maintain patents for ERS Inventions, regardless of whether such ERS Inventions relate to the Technology. Upon a determination by the PDC that a patent application should be filed for an Invention relating to a Product that the PDC intends to commercialize in a particular country, the Company shall, at it sole cost and expense, file patent applications for such Invention in such country.
(b) Each Party agrees to cooperate with the other Parties to execute all lawful papers and instruments, to make all rightful oaths and declarations and to provide consultation and assistance as may be necessary in the preparation, prosecution, maintenance and enforcement of all such patents and patent applications pursuant to this Agreement.
Maintenance of the Patents. Each of the co-owners of the Patents (the "Co-Owners") shall act cooperatively to maintain the Patents and shall pay one-half of all maintenance fees and other costs required to keep the Patents in full force and effect.
Maintenance of the Patents. 12.1. Subject to this Clause 12, Scynexis shall maintain the Patents in force until the end of their lifetime.
12.2. If Scynexis does not wish to continue to pay the renewal fees or other fees in respect of a Patent, then Scynexis shall promptly notify C-CHEM of this intention at least [*] before the corresponding action must be taken.
12.3. If C-CHEM notifies Scynexis that it wishes to acquire the Patent notified to C-CHEM pursuant to Clause 12.2 then Scynexis shall promptly assign to C-CHEM all of Scynexis’ right, title and interest in the Patent and C-CHEM shall grant to Scynexis a non-exclusive licence (together with the right to grant sub-licences) under the Patent to research, develop, manufacture, import, market, use, sell and supply products and to perform any other act that would infringe the Patent were it not for this licence. This license shall be [*].
Maintenance of the Patents. 5.1. Net 1 shall during the life of this Agreement pay all renewal fees and do all such acts and things that may be necessary to maintain and keep registered the Patents and shall produce to Nedcor the receipt for renewing the Patents and in default shall permit Nedcor to pay the same and shall credit the Licensee with the cost of such renewal against the licence fees.
5.2. Net 1 shall not during the life of this Agreement, save with the prior written consent of Nedcor, abandon the Patents or allow it to lapse, nor will it amend the specification of the Patents without first notifying Nedcor of its intention to do so.
Maintenance of the Patents. (a) Subject to Section 9.2(b), DURECT shall have full responsibility for, and shall control the preparation and prosecution of, and shall pay all application and maintenance fees for, all Patents owned or filed by DURECT. DURECT shall use all commercially reasonable efforts to prosecute and maintain all Patents owned by DURECT. In connection therewith, DURECT shall generally consult with Endo on all future filings to be made by DURECT with respect to the Patents and the prosecution and maintenance of such Patents, including where appropriate or reasonably requested by Endo, providing copies to Endo of any such filings made to, and written communications received from, any patent office relating, in whole or in part, to the Patents, and notifying Endo promptly of (and, where possible, prior to), and consulting with and considering in good faith suggestions by Endo to avoid, any abandonment or invalidation of any such Patent.
(b) Upon Endo's written request, DURECT shall consider in good faith applying for patents, in all jurisdictions in the Territory, at DURECT's sole expense, on any potentially patentable Invention which is not already the subject of a Patent.
(c) Each Party shall cooperate with the other Party (or its designee) to execute all lawful papers and instruments, to make all rightful oaths and declarations and to provide consultation and assistance as may be necessary in the preparation, prosecution, maintenance and enforcement of all such Patents pursuant to this Agreement.
Maintenance of the Patents. 8.1 PULSALYS agrees to take all the necessary measures in order to obtain, prosecute, maintain and defend the PATENTS during the entire term of the AGREEMENT. Subject to the article 8.4, PULSALYS will have no right to cease prosecution or maintenance of PATENTS without the prior written consent of COBALT.
8.2 COBALT shall reimburse all the INTELLECTUAL PROPERTY FEES to PULSALYS during the term of this AGREEMENT.
8.3 Any decisions necessary for the filing, extension, issuing and maintenance of the PATENTS shall be made by [***], after consulting with [***] which shall be done by any written means such as electronic means. Comments from [***] in respect material submissions to patent offices will be incorporated into such submissions. The failure for [***] to answer within [***] as from the notification of the next INTELLECTUAL PROPERTY FEES payment deadline, shall be deemed to accept the decision taken by [***]. It is understood between the PARTIES that exceptionally [***] shall accept on request from [***] a limited time in case of emergency in the intellectual property decision making. In case of disagreement between [***] and [***], [***] will be the final decision-maker.
8.4 COBALT may elect at any time to stopping paying INTELLECTUAL PROPERTY FEES for all or any application or patent in the PATENTS in any country. In the event that COBALT decides to stop covering the INTELLECTUAL PROPERTY FEES for all or part of the PATENTS, it shall inform PULSALYS, at least [***] before the next INTELLECTUAL PROPERTY FEES payment deadline. Thereafter COBALT will have no obligation regarding applicable INTELLECTUAL PROPERTY FEES. In this case, PULSALYS may continue to prosecute and maintain such application(s) or patents in the PATENTS, at its expense and conclude with third parties agreements for research or use or exploitation using such PATENTS in the country in question. COBALT shall have no right to any refunding of the INTELLECTUAL PROPERTY FEES that it has covered and shall no longer have any right to the PATENTS for which INTELLECTUAL PROPERTY FEES are no longer being paid by COBALT. Such PATENTS shall be excluded from the AGREEMENT for the country in question.
Maintenance of the Patents. 12.1 The Licensor shall pay all costs and fees and do all such acts and things as are necessary to obtain the grant of a patent for any pending applications for Patents that are to be in force in the Contract Territory but that have not yet been granted.
Maintenance of the Patents. 20 ARTICLE 14 - NON-CHALLENGE OF THE PATENTS................................. 21 ARTICLE 15 - CONFIDENTIALITY ............................................. 21
Maintenance of the Patents. 13.1 The Licensor will, during the therm of this Agreement pay all necessary fees and make any necessary filings to maintain in good standing the rights to the Technology that it has granted to the Licensee, including the Patents and patent applications and Improvements owned by the Licensor.
13.2 Provided that it has fulfilled its obligations pursuant to section 13.1, the Licensor may abandon, surrender or cease to maintain any of the Patents or patent applications, provided that at lease three (3) months prior to the date of abandonment or surrender or, as appropriate, the deadline for taking action necessary to maintain the Patents or patent applications, the Licensor notifies the Licensee of its intentions and offers to assign, for nominal consideration, to offset the cost of transfer, the Patents or patent applications in question and relating to the Territory to the Licensee. If the Licensee elects to maintain any of these Patents or patent applications, the Licensee may deduct from any amount otherwise due to the Licensor, the amount of the direct maintenance costs involved.
Maintenance of the Patents. 15.1 Subject to Clause 15.2, BTG shall pay all renewal fees payable in respect of the granted Licensed Patents as and when such renewal fees become due (subject to BTG’s right to make use of grace periods where available and if necessary).
15.2 If BTG does not wish to continue to pay the renewal fees in respect of a granted Licensed Patent then BTG shall notify Onyx of its intention to allow the specified granted Licensed Patent to lapse at least [ * ] before the next renewal fee is due. Onyx shall have the right to pay the renewal fees in respect of such granted Licensed Patent. If Onyx does not notify BTG of its intention to exercise its rights under this Clause 15.2 within [ * ] of BTG’s notice then BTG shall have the right to allow the granted Licensed Patent to lapse.
15.3 Onyx shall have the right to pay the renewal fees in respect of granted Licensed Patents notified to Onyx pursuant to Clause 15.2 at Onyx’s own cost and expense, in which case the relevant granted Licensed Patent shall be deemed to be a “Licensee Granted Patent” and shall be excluded from the definition of Licensed Patents for the purposes of Clause 15.1 and for the purposes of the payment of royalties in accordance with Clause 5.5. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
15.4 If Onyx for whatever reason decides not to continue to pay renewal fees in respect of Licensee Granted Patents then Onyx shall promptly notify BTG to this effect and [ * ] shall have [ * ] to [ * ] at [ * ] and [ * ], in which case the granted Licensed Patent shall [ * ] and shall, [ * ], be [ * ].
