Other Patent Rights. Except as provided in Section 10.3.1.1, each Party will have the sole right, but not the obligation, to file, prosecute and maintain the Research and Development Program Patent Rights or other Patent Rights that it solely owns under this Agreement or to which it otherwise has control of prosecution rights in its sole discretion, provided that at a Party’s reasonable request, the other Party will provide status or other requested information for any Research and Development Program Patent Right and will consider in good faith any recommendations made by such Party in regard to the filing, prosecution or maintenance of any such Patent Right.
Other Patent Rights. Except as set forth in Section 6.3.1, each Party shall be responsible for preparing, filing, prosecuting, obtaining and maintaining, at its sole cost, expense and discretion, all of its own Patent Rights. Predix undertakes to notify Ramot, on an annual basis, of the filing by or on behalf of Predix or any of its AFFILIATES of any priority patent application relating to or covering an actual or potential Licensed Product. Each such notification shall include a brief summary of the invention disclosed in such application.
Other Patent Rights. Subject to the terms and conditions set forth in this Agreement (including the reservation of rights in Section 2.5), Ligand hereby grants to Retrophin a non-transferable (except in accordance with Section 15.4), non-exclusive sublicense, with the right to further sublicense in accordance with Section 2.2, under the Other Patent Rights solely to the extent reasonably necessary or useful to make, use (including in activities directed at the research and Development of Licensed Compounds), have made, sell, offer to sell, export and import and otherwise exploit or Commercialize Licensed Compounds and Licensed Products in the Field in the Territory, provided, however, that no rights are granted under this Section 2.1.2 (or otherwise under this Agreement) with respect to any Proprietary Compound of BMS or Ligand. For clarification, no rights are granted under this Section 2.1.2 (or otherwise under this Agreement) to co-formulate or use in combination a Licensed Compound with any Proprietary Compound of BMS or Ligand. The rights granted by Ligand to Retrophin under this Section 2.1.2 include the right to make, have made, use (including in activities directed at the research and Development of Licensed Compounds), export and import intermediates and starting materials reasonably necessary for the manufacture of Licensed Compounds, and to practice methods reasonably necessary for the manufacture of Licensed Compounds, and to practice methods reasonably necessary for manufacturing such intermediates and starting materials, but only for the purposes of manufacturing, using, importing or exporting Licensed Compounds in the Field in the Territory. For clarification, no rights are granted to sell or offer to sell any such intermediates or starting materials, or use such intermediates or starting materials for any purpose other than for the purposes of manufacturing Licensed Compounds.
Other Patent Rights. (i) Advaxis shall have full responsibility for, and shall control the preparation and prosecution of, all patent applications and the maintenance of all patents relating to Licensed Technology in and outside the Territory.
(ii) Advaxis shall determine whether any Licensed Technology is patentable, and if so, shall proceed, at its discretion, with the preparation and prosecution of a patent application covering any such Licensed Technology. Notwithstanding the foregoing, Licensee may request that Advaxis file, prosecute and maintain patent applications with respect to Licensed Technology inside the Territory, where Advaxis has elected not to file, prosecute or maintain a patent application; provided, that the costs and expenses of filing, prosecuting and maintaining such patent applications and patents in such jurisdictions shall be first paid by Licensee and Licensee may deduct such costs and expenses from any Exclusive License Fee due and payable to Advaxis.
Other Patent Rights. Except as provided in Sections 7.3.1(a), 7.3.1(b)(i) and 7.3.1(c), Pfizer will have the sole right, but not the obligation, to file, prosecute and maintain the Product Patent Rights, the Research Program Patent Rights, the Pfizer Patent Rights (including RNA Improvements) and Patent Rights that it owns or to which it otherwise has control of prosecution rights in its sole discretion. At BioNTech’s reasonable request, Pfizer will provide to BioNTech status information for any Research Program Patent Right in any Key Patent Jurisdiction and will consider in good faith any recommendations made by BioNTech in regard to the filing, prosecution or maintenance of any such Patent Right.
Other Patent Rights. Subject to Sections 11.2(a) and 11.1(c):
(i) Each Party 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 inventions owned solely by it (including the Patents) in the Territory. Each Party shall pay all costs and expenses of filing, prosecuting and maintaining such patent applications and patents relating to inventions solely owned by it. Acura shall pay all costs and expenses of filing, prosecuting and maintaining such patent applications and patents relating to Joint Inventions.
(ii) Acura shall determine whether any Acura Sole Invention or Joint Invention is patentable, and if so, shall proceed with the preparation and prosecution of a patent application covering any such Acura Sole Invention or Joint Invention. King shall determine whether any King Sole Invention is patentable, and if so, shall proceed with the preparation and prosecution of a patent application covering any such King Sole Invention.
(iii) With respect to any King Sole Inventions and Joint Inventions: (A) each Party shall promptly provide copies to the other Party of any filings made to, and any written communications received from, any patent office relating, in whole or in part, to patent applications covering King Sole Inventions or Joint Inventions, or patents granted thereon, reasonably in advance of the relevant proposed filing or response date; and (B) Acura and its selected patent counsel and King and its selected patent counsel shall give reasonable consideration to any comments that may be made by the other Party reasonably in advance of any proposed filing or response date relating to the filing and prosecution of such patent applications or the maintenance of patents granted thereon.
Other Patent Rights. Bayer shall have sole responsibility for and control over the management of Bayer Patent Rights and ArQule shall have sole responsibility for and control over the management of ArQule Patent Rights. Each party will bear its own expenses in connection with such Patent Rights. The Research Committee will recommend and the Steering Committee will decide whether to seek Joint Patent Rights. If the Steering Committee decides to seek any Joint Patent Rights under this Subsection, the parties shall jointly prepare, file, prosecute, and maintain such Patent Rights, and all related expenses shall be borne equally by ------------------ *Confidential treatment has been requested for the marked portion. the parties. In the event that a party desires to cease further payment of patent-related expenses for such a Joint Patent Right in any country and the other party desires to maintain the Joint Patent Right, the withdrawing party may assign to the continuing party all rights in that Joint Patent Right in such country and thereafter have no further obligation to pay such expenses.
Other Patent Rights. Each Party shall be responsible for taking all necessary actions to obtain, sustain and enforce patent protection for those of its Patent Rights which are not Joint Patent Rights or Patent Rights of the other Party and those outside the scope of the Research Program, including the following:
(a) filing applications for such patents on any patentable inventions;
(b) prosecuting all pending and new patent applications and responding to opposition or any other form of action for invalidity or revocation or Patent Rights filed by Independent Third Parties against the grant of patents for such application;
(c) maintaining in force any patents by duly filing all necessary papers and paying any fees required by the patent legislation of the particular country in which such patents were granted. In the event that a Party institutes suit to protect its own Patent Rights against suspected infringement, it shall notify the other Party who shall, have the option, to be exercised in writing no later than thirty (30) days from receipt of the notice, to elect to assume 50% of all expenses relating to such suit, including attorneys' fees, in which case any recovery or settlement received by the Party having instituted suit shall be shared equally by both Parties. The Party having instituted suit shall have the authority to make all decisions concerning such suit, including without limitation, the right to compromise the claim.
Other Patent Rights. If a patent application is filed or issues in connection with activities performed under this Agreement or any renewal thereof, that does not cover the No-Step Kit and thus is not covered by the Section 2.3, but that relates to inventions arising from or relating to the development or manufacture of the No-Step Kit then this Section shall apply.
(a) Patent rights to such invention resulting solely from the efforts of RDS shall be owned solely by RDS and any such invention shall be promptly disclosed in writing by RDS to ANSYS.
(b) Patent rights to an invention resulting solely from the efforts of ANSYS shall be owned solely by ANSYS and any such invention shall be promptly disclosed in writing by ANSYS to RDS.
(c) Patent rights to an invention resulting from the collaborative efforts of both parties shall be jointly owned by the parties.
Other Patent Rights. 18 5.10 Indemnification ......................................................... 19
