Option of Merck to Prosecute and Maintain Patents Sample Clauses

Option of Merck to Prosecute and Maintain Patents. Tigercat shall give notice to Merck of any desire to cease prosecution and/or maintenance of the Compound Patent Rights in the Field in the Territory and, in such case, shall permit Merck (or any Merck Affiliate), at Merck’s sole discretion, to continue such prosecution or maintenance at its own expense.
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Option of Merck to Prosecute and Maintain Patents. CytRx shall give notice -------------------------------------------------- to Merck of any desire to cease prosecution and/or maintenance of Patent Rights and, in such case, shall permit Merck, at its sole discretion, to continue prosecution or maintenance at its own expense. If Merck elects to continue prosecution or maintenance or file based on CytRx's election not to file pursuant to Section 6.1 above, CytRx shall execute such documents and perform such acts at CytRx's expense as may be reasonably necessary for Merck to perform such prosecution or maintenance or filing. All of the expenses and costs incurred by Merck to continue prosecution and maintenance of Patent Rights shall be fully creditable against royalties due under Article IV of this Agreement; provided however, no royalty ----------------- payment when due, regardless of the number of such credits available to Merck in accordance with the terms of this Agreement, shall be reduced by more than fifty percent (50%). Unused credits may be carried over into subsequent royalty periods.
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Option of Merck to Prosecute and Maintain Patents. ZNOMICS shall give notice to MERCK of any desire to cease prosecution and/or maintenance of Funded Patent Rights on a country by country basis in the Territory and, in such case, shall permit MERCK, in its sole discretion, to continue prosecution or maintenance of such Patent Rights at its own expense. If MERCK elects to continue prosecution or maintenance or to file based on ZNOMICS's election not to file pursuant to Section 7.1 above, ZNOMICS shall execute such documents and perform such acts at ZNOMICS's expense as may be reasonably necessary to effect an assignment of such Funded Patent Rights to MERCK in a timely manner to allow MERCK to continue such prosecution or maintenance.
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Option of Merck to Prosecute and Maintain Patents. RENOVIS shall give notice to MERCK of any desire to cease prosecution and/or maintenance of RENOVIS Patent Rights on a country by country basis in the Territory and, in such case, shall permit MERCK, at its sole discretion, to continue prosecution or maintenance of such Patent Rights at its own expense. If MERCK elects to continue prosecution or maintenance or to file based on RENOVIS’ election not to file pursuant to Section 7.1 above, RENOVIS shall execute such documents and perform such acts at RENOVIS’ expense as may be reasonably necessary to effect an assignment of such Patent Rights to MERCK in a timely manner to allow MERCK to continue such prosecution or maintenance. Any patents or patent applications so assigned shall not be considered Patent Rights.
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Option of Merck to Prosecute and Maintain Patents. (A) Idera shall give prompt written notice to Merck of its desire to cease prosecution (including the filing of continuations and divisional applications) and/or maintenance of Idera Background Patent Rights on a country by country basis in the Territory and, in such case, shall permit Merck, in its sole discretion, to continue prosecution or maintenance of such Idera Background Patent Rights, in Idera's name, at Merck's own expense. Idera shall provide Merck with any Powers of Attorney necessary for Merck to conduct such prosecution or maintenance. If Merck elects to continue such prosecution or maintenance of such Idera Background Patent Rights, such patents or patent applications shall no longer constitute Idera Patent Rights for purposes of determining Patent Royalties under this Agreement.
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Option of Merck to Prosecute and Maintain Patents. DOV shall give notice to MERCK of any desire to cease prosecution and/or maintenance of DOV Patent Rights on a country by country basis in the Territory and, in such case, shall permit MERCK, in its sole discretion, to continue prosecution or maintenance of such DOV Patent Rights at its own expense. If MERCK elects to continue prosecution or maintenance or to file based on DOV's election not to file pursuant to Section 7.1 above, DOV shall execute such documents and perform such acts at DOV's expense as may be reasonably necessary for MERCK to perform such prosecution or maintenance or filing on behalf of and in the name of DOV. All of the out-of-pocket expenses and costs incurred by MERCK to continue prosecution and maintenance of DOV Patent Rights shall be fully creditable against royalties due under Section 5.6 of this Agreement; provided, however, that no royalty payment when due, regardless of the number of such credits available to MERCK in accordance with the terms of this Agreement, shall be reduced by more than fifty percent (50%). Unused credits may be carried over into subsequent royalty periods.
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Option of Merck to Prosecute and Maintain Patents. Licensors shall give notice to Merck of any desire to cease prosecution and/or maintenance of Licensed Patents on a country by country basis in the Territory and, in such case, shall permit Merck, in its sole discretion, to continue prosecution and/or maintenance of such Licensed Patents in the name of Licensors. Any such Patents shall continue to be Licensed Patents hereunder. Licensor shall execute such documents and perform such acts in a timely manner at Licensors’ expense as may be reasonably necessary to allow the effective prosecution and/or maintenance of such Licensed Patents by Merck. The cost and expenses incurred by Merck in prosecuting and maintaining such Licensed Patents after notice is provided by Licensors pursuant to this Section 9.7 shall be borne by Licensors.
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Option of Merck to Prosecute and Maintain Patents. Avalon shall give notice to Merck of any desire to cease prosecution and/or maintenance of Avalon Patent Rights exclusively licensed to Merck with respect to Licensed Compound or Product under this Agreement on a country by country basis in the Territory and, in such case, shall permit Merck, in its sole discretion, to continue prosecution or maintenance of such Avalon Patent Rights at its own expense. If Merck elects to continue prosecution or maintenance, Avalon shall execute such documents and perform such acts at Avalon’s expense as may be reasonably necessary to effect an assignment of such Avalon Patent Rights to Merck in a timely manner to allow Merck to continue such prosecution or maintenance. Any patents or patent applications so assigned shall be Merck Patent Rights and shall not be considered Avalon Patent Rights.
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Related to Option of Merck to Prosecute and Maintain Patents

  • Prosecution and Maintenance of Patent Rights ALNYLAM will have the right and responsibility to file, prosecute and maintain patent protection in the Territory for all ALNYLAM Patent Rights. [ * ]

  • Filing Prosecution and Maintenance of Patent Rights 7.1 Patent Filing, Prosecution and Maintenance.

  • Prosecution and Maintenance of Patents Patent Costs ----------------------------------------------------

  • Patent Prosecution and Maintenance 8.1 Pursuant to Section 3.1, LICENSEE shall bear the cost of all patent expenses, past and future, associated with the preparation, filing, prosecution, issuance and maintenance of U.S. Patent applications and U.S. Patents included within the PATENT RIGHTS. Such filings and prosecution shall be by counsel of UNIVERSITY’s choosing and shall be in the name of UNIVERSITY or UNIVERSITY and joint owner if jointly owned. UNIVERSITY shall keep LICENSEE advised as to the prosecution of such applications by forwarding to LICENSEE copies of all official correspondence, (including, but not limited to, applications, office actions, responses, etc.) relating thereto. LICENSEE shall have the first right to request filings, prosecute, and maintain patent applications and patents included within the PATENT RIGHTS, however, all such action instructed by LICENSEE shall be requested of UNIVERSITY and, UNIVERSITY shall (i) have a right to make comments thereto, and (ii) timely instruct its counsel to act in accord with LICENSEE’s instructions. In the event of a disagreement between LICENSEE and UNIVERSITY regarding such prosecution or maintenance, UNIVERSITY shall have the right to make the final decisions for all matters associated with such prosecution and maintenance, however, UNIVERSITY shall be responsible for any and all costs associated with prosecution and maintenance matters in which UNIVERSITY made a final determination pursuant to this section. In order to facilitate LICENSEE’s rights to comment and advise Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. UNIVERSITY, UNIVERSITY will provide, to the extent that it is able, copies of all such official correspondence and any proposed responses by UNIVERSITY at least twenty (20) business days prior to any filing or response deadlines. UNIVERSITY shall diligently prosecute such patent applications included within the Patent Rights and shall seek strong and broad claims under the Patent Rights. UNIVERSITY shall not abandon prosecution or maintenance of any Patent Rights without notifying LICENSEE in a timely manner of UNIVERSITY’s intention and reason therefore and providing LICENSEE with reasonable opportunity to comment upon such abandonment and to assume responsibility for prosecution or maintenance of such Patent Rights.

  • Filing, Prosecution and Maintenance of Patents RENOVIS agrees to file, prosecute and maintain in the Territory, upon appropriate consultation with MERCK, the RENOVIS Patent Rights licensed to MERCK under this Agreement; provided, however, with respect to Joint Information and Inventions that are not Improvements to RENOVIS Patent Rights or RENOVIS Technology, MERCK shall have the first right to file patent applications for such Joint Information and Inventions. With respect to RENOVIS Information and Inventions, RENOVIS may elect not to file and if so MERCK shall have the right to file patent applications. In such event, RENOVIS shall execute such documents and perform such acts at RENOVIS’ expense as may be reasonably necessary to effect an assignment of such Patent Rights to MERCK in a timely manner to allow MERCK to continue such prosecution or maintenance. In each case, the filing Party shall give the non-filing Party an opportunity to review the text of the application before filing, shall consult with the non-filing Party with respect thereto, and shall supply the non-filing Party with a copy of the application as filed, together with notice of its filing date and serial number. RENOVIS shall keep MERCK advised of the status of the actual and prospective patent filings and upon the request of MERCK, provide advance copies of any papers related to the filing, prosecution and maintenance of such patent filings. RENOVIS shall promptly give notice to MERCK of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights licensed to MERCK for which RENOVIS is responsible for the filing, prosecution and maintenance. With respect to all filings hereunder, the filing Party shall be responsible for payment of all costs and expenses related to such filings.

  • Patent Filing Prosecution and Maintenance 7.1 Except as otherwise provided in this Article 7, Licensee agrees to take responsibility for, but to consult with, the PHS in the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and shall furnish copies of relevant patent-related documents to PHS.

  • Prosecution of Patent Applications At its own expense, each Assignor shall diligently prosecute all material applications for (i) United States Patents listed in Annex F hereto and (ii) Copyrights listed on Annex G hereto, in each case for such Assignor and shall not abandon any such application prior to exhaustion of all administrative and judicial remedies (other than applications deemed by such Assignor to be no longer prudent to pursue), absent written consent of the Collateral Agent.

  • Joint Patents Neither Party shall have any obligation to file or prosecute any Joint Patent. To the extent a Party wishes to prosecute a Joint Patent, the Parties will mutually agree upon which Party will have the first right to prosecute such Joint Patent, based on the contribution of each Party to such invention and each Party’s potential interest in products based upon such invention. If the Party having such first right does not wish to prosecute such Joint Patent, it shall inform the other Party promptly, but in any event no later than [***] after the Parties have agreed upon which Party had the first right to prosecute such Joint Patent. If the Party having such first right does not wish to prosecute such Joint Patent, the other Party may, upon written notice to such Party, prosecute such Joint Patent. The Party that prosecutes a Joint Patent pursuant to this Section 5.2(b) (the “prosecuting Party”) will solely bear its own internal costs for such prosecution and will solely bear the external costs for such prosecution (e.g., outside counsel, filing fees, etc.). Licensee will have the first right, but not the obligation, to prosecute infringement of any Joint Patents that is related to the Exclusively Licensed Know-How or a product competitive, or potentially competitive, with a Licensed Product; and Licensor will have the first right, but not the obligation, to prosecute infringement of any Joint Patents in all other cases. The Parties shall first confer and mutually agree regarding any such prosecution of infringement; provided, however, that Licensee shall have the right, without the consent of Licensor, to assert a Joint Patent against a Third Party in a defense of or counterclaim to any claim or assertion of infringement of a Patent or misappropriation of Know-How Controlled by such Third Party.

  • Patents and Patent Applications To the Company’s knowledge, all patents and patent applications owned by or licensed to the Company or under which the Company has rights have been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

  • Prosecution and Maintenance Each party retains the sole right to protect at its sole discretion the Intellectual Property and Technology owned by such party, including, without limitation, deciding whether to file and prosecute applications to register patents, copyrights and mask work rights included in such Intellectual Property, whether to abandon prosecution of such applications, and whether to discontinue payment of any maintenance or renewal fees with respect to any patents included in such Intellectual Property.

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