Ownership of New Inventions. The Executive agrees that all Inventions:
(1) that are developed using the Company’s equipment, supplies, facilities, or trade secret information; or
(2) that relate to the Company’s business or actual or demonstrably anticipated research or development; or
(3) that result from any work performed by the Executive for the Company will be the sole and exclusive property of the Company.
Ownership of New Inventions. During the Term, except as otherwise provided in and subject to the terms of this Agreement,
11.6.1 As between the Parties, Indevus shall own and retain all rights, title and interest in all inventions, improvements, discoveries and know-how covering Product, including any Indevus Know-How, which are made, conceived, reduced to practice or generated during the Term solely by Indevus’ employees, agents, or other persons acting under its authority, subject to the license granted to Xxxxxx under this Agreement with respect to the Xxxxxx Territory, and shall have the sole right, at its option and expense, to file, prosecute and maintain any patent application or patent claiming such invention; and
11.6.2 As between the Parties, Xxxxxx shall own and retain all rights, title and interest in all inventions, improvements, discoveries and know-how covering Product, including any Xxxxxx Know-How, which are made, conceived, reduced to practice or generated during the Term solely by Xxxxxx’ employees, agents, or other persons acting under its authority, subject to the license granted to Indevus under the Xxxxxx License, and shall have the sole right, at its option and expense, to file, prosecute and maintain any patent application or patent claiming such invention.
11.6.3 As between the Parties, they shall each, as to their respective territories (the Xxxxxx Territory or the Indevus Territory, as the case may be) have full rights, title and interest in all inventions, improvements, discoveries and know-how covering Product, including Know-How, which are jointly made, conceived, reduced to practice or generated during the Term by employees or agents of both of them, or other persons acting under the authority of both Xxxxxx and Indevus. Xxxxxx shall have the sole right, at its option and expense, to file, prosecute and maintain any patent application or patent claiming such invention in the Xxxxxx Territory and Indevus shall have such right in the Indevus Territory. As to Joint Territory, rights shall be determined pursuant to Article VII.
Ownership of New Inventions. 10.2.1 Inventorship of any invention that is developed, discovered or made by a Party, solely or jointly with the other Party (as applicable, the "Inventor") pursuant to work conducted under this Agreement (an "Invention") shall be determined in accordance with United States laws of inventorship, subject only to the license rights granted under this Agreement. Each Party shall promptly notify the other Party if it determines that an Invention has been made. EndoChem shall obtain from each of its employees, contractors, representatives and agents a written obligation to assign to EndoChem all right, title and interest in and to all Inventions. The Inventor of such Invention shall be deemed the owner thereof.
10.2.2 With respect to any patent that claims any Invention which is owned by a Party hereunder, such Party shall have the right, at its option and expense, to prepare, file and prosecute in its own name any patents with respect to any such Invention and to maintain any patents issued thereon. In connection with any such prosecution efforts, such Party agrees to cooperate reasonably with the other Party at such Party's expense in the preparation and prosecution of all such patents and in the maintenance of any patents issued. This obligation shall survive the expiration or termination of this Agreement.
Ownership of New Inventions. All rights to New Inventions made solely by GLADSTONE's employees and agents and arising from research conducted under this Agreement shall belong to GLADSTONE, subject to the rights of The Regents pursuant to the GLADSTONE/Regents Agreement (GLADSTONE and The Regents are hereinafter referred to as "GLADSTONE/Regents"). CNPI shall cause its employees and agents to assign all rights to New Inventions to CNPI. All rights to New Inventions made jointly by GLADSTONE's employees or agents with one or more employees or agents of CNPI and arising from research conducted under this Agreement shall belong jointly to GLADSTONE/Regents and CNPI. CNPI shall be granted rights under the Option/License Agreement to GLADSTONE's and The Regents' interest in New Inventions in the Field in accordance with the terms thereof and CNPI shall be granted rights under The Regents' interest in New Inventions outside the Field in accordance with Section 6.4 below. The Regents agrees to assert rights to the Invention (as defined in the Option/License Agreement) and New Inventions both in and outside of the Field.
Ownership of New Inventions. The parties agree that any and all New Inventions (whether or not they are patentable, copyrightable or otherwise protected under existing or future intellectual property rights) shall be entirely and exclusively owned by VUSA and are hereby entirely and irrevocably assigned (including all patents and copyrights) by ABC and the PIBCs to VUSA without reservation or further obligation or consideration that in any way relate to or arise out (i) of the use or access to the Confidential Information (specifically including but not limited to the Specifications and means of manufacturing human source leukocytes), trade secret or patent (including any unissued patent applications) or (ii) to any VUSA or Viragen current or contemplated product. VUSA will have the sole right to determine the treatment of such New Inventions, including the right to keep it as trade secrets, to file and execute patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trade or other marks in its own name, or to follow any other procedure that VUSA deems appropriate. VUSA shall have the right to a worldwide, sublicenseable and exclusive, or at its election non-exclusive, license on commercially reasonable terms to any or all rights ABC or the PIBCs may have in all other New Inventions.
Ownership of New Inventions. Any new invention, development or discovery relating to the Field or New Prostate Markers for the Field conceived, made or reduced to practice by either party as part of the Collaboration, the FDA Submission Plan or with the use of Materials of the other party (each a “New Invention”) shall be promptly disclosed in writing to the other party. Each party shall retain sole ownership in each Invention made solely by that party.
Ownership of New Inventions. (a) All materials, documents, information, programs and Intellectual Property provided to Xxxxxx by Client or on behalf of Client in connection with the performance of the Services shall be the exclusive property of Client. Xxxxxx will have no rights of ownership, registration or independent use with regard to (i) the Specifications provided by Client, (ii) any manufacturing processes or technology provided by Client to Xxxxxx for use in the manufacture of the Client Product, or (iii) any other Client Existing Intellectual Property.
(b) As between the Parties, Client shall own all right, title, and interest in and to any Intellectual Property, including without limitation any Invention, that is created, conceived and reduced to practice, arising from or as a result of the performance of Services under this Agreement and/or any Change in Scope(s) (i) to the extent they are specific to Client Product or (ii) are derived from Client’s Confidential Information (“Client Inventions”). For clarity, Xxxxxx shall retain Inventions made by it or its agents in the performance of Services, to the extent (1) generally applicable to products and services offered by Xxxxxx and (2) not derived from Client’s Confidential Information; provided, however, Xxxxxx hereby grants Client a perpetual, non-exclusive, irrevocable, royalty-free sublicensable license to such Inventions solely for the purposes of manufacturing the Client Products, including having the Client Products manufactured by a third party. Any copyrightable work that is a deliverable under this Agreement shall be considered work made for hire, whether published or unpublished, and all rights therein shall be the property of Client as author and owner of copyright in such particular work. Xxxxxx shall promptly report and assign to Client all rights, title and interest in such works and all Client Inventions.
(c) Xxxxxx represents and warrants that all services personnel who shall perform Services under this Agreement have agreed or shall agree to assign to Xxxxxx all Client Inventions made by such individual in the performance of this Agreement, as well as all rights, title and interests therein. If Client desires to file patent applications or other submissions on any Client Inventions, it shall do so at its own expense, and those persons participating in the discovery shall, if requested by Client to do so, assist in the preparation of such patent application or other submissions for which reasonable time and e...
Ownership of New Inventions. 6.2.1. With the exception of Out of Scope Inventions as set forth in Section 3.5, ownership of new inventions shall be determined by inventorship under principles of U.S. patent law. In the event that the Parties are unable to reach agreement as to inventorship, the Parties shall jointly engage an independent patent counsel to determine inventorship, the cost of which shall be split between evenly between the Parties. The Parties hereby agree that they shall be bound by the inventorship determinations made by the independent counsel.
6.2.2. It is envisioned that the Parties will contract with each other for the performance of activities related to the Development, Manufacture, and/or Commercialization of therapeutic candidates and that such agreements will include clauses that address the ownership, prosecution, and enforcement of any inventions arising from the contracted activities. In the absence of such an agreement, patent ownership shall be determined by Section 6.2.1 and subject to the rights granted in this Agreement.
Ownership of New Inventions. 4.1.1 The Client shall acquire no rights to new enhancements, translations, re-writings, revisions, updates, modifications, or improvements made by Company/Client in connection with the Payment Gateway (hereinafter — “the New Inventions”) which shall be considered as an integral part of the Payment Gateway, including but not limited to Acquirer integration software, from the moment of their creation unless parties agree to treat it differently and sign their intentions in the separate Agreement or Addendum to this contract.
Ownership of New Inventions. 4.1.1 The Client shall acquire no rights to new enhancements, translations, re-writings, revisions, updates, modifications, or improvements made by Company/Client in connection with the Payment Gateway (hereinafter — “the New Inventions”) which shall be considered as an integral part of the Payment Gateway, including but not limited to Acquirer integration software, from the moment of their creation unless parties agree to treat it differently and sign their intentions in the separate Agreement or Addendum to this contract.
4.2.1 Company shall be entitled to implement, at any time, any New Invention at its own discretion without Client’s consent, providing it does not influence the way the Client uses the system.
