Common use of Ownership of New Inventions Clause in Contracts

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. During the Agreement Term, except as otherwise provided in and subject to the terms of this Agreement,, the following shall be applicable: 11.6.1 11.5.1 As between the Parties, Indevus shall own and retain all rights, title and interest in all inventions, improvementsImprovements, discoveries and know-how covering Licensed Product, including any Indevus Know-How, which are made, conceived, reduced to practice or generated during the Agreement Term solely by Indevus’ employees, agents, or other persons acting under its authority, subject to the license granted to Xxxxxx Orion under this Agreement in the Field with respect to Licensed Product in 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 11.5.2 As between the Parties, they Orion shall each, as to their respective territories (the Xxxxxx Territory or the Indevus Territory, as the case may be) have full own and retain all rights, title and interest in all inventions, improvementsImprovements, discoveries and know-how covering Licensed Product, including any Orion Know-How, which are jointly made, conceived, reduced to practice or generated during the Agreement Term solely by employees or agents of both of themOrion’ employees, agents, or other persons acting under its authority, subject to a grant-back license, as defined in Section 2.6, to Indevus under such Orion Patent Rights and Know-How outside the authority of both Xxxxxx Territory, 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 invention. 11.5.3 As between the Parties, they shall each, as to their respective territories, have full rights, title and interest in all inventions, Improvements, discoveries and know-how covering Licensed Product in the Xxxxxx Territory and Field, which are jointly made, conceived, reduced to practice or generated during the Agreement Term by employees or agents of both of them (“Joint Inventions”). Indevus shall have such right the sole right, at its option and expense, to file, prosecute and maintain any patent application or patent claiming a Joint Invention. 11.5.4 The terms of Sections 11.5.1, 11.5.2 and 11.5.3 shall apply regardless of whether the development activity resulting in the Indevus Territoryinvention was conducted directly by a Party or by a Third Party (e.g., a contract research organization) on behalf of such Party in accordance with the terms of this Agreement. As to Joint Territory, rights shall be determined pursuant to Article VII.*** CONFIDENTIAL TREATMENT REQUESTED

Ownership of New Inventions. During the Agreement Term, except as otherwise provided in and subject to the terms of this Agreement,, the following shall be applicable: 11.6.1 11.5.1 As between the Parties, Indevus shall own and retain all rights, title and interest in all inventions, improvementsImprovements, discoveries and know-how covering Licensed Product, including any Indevus Know-How, which are made, conceived, reduced to practice or generated during the Agreement Term solely by Indevus’ employees, agents, or other persons acting under its authority, subject to the license granted to Xxxxxx Orion under this Agreement in the Field with respect to Licensed Product in 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 11.5.2 As between the Parties, they Orion shall each, as to their respective territories (the Xxxxxx Territory or the Indevus Territory, as the case may be) have full own and retain all rights, title and interest in all inventions, improvementsImprovements, discoveries and know-how covering Licensed Product, including any Orion Know-How, which are jointly made, conceived, reduced to practice or generated during the Agreement Term solely by employees or agents of both of themOrion’ employees, agents, or other persons acting under its authority, subject to a grant-back license, as defined in Section 2.6, to Indevus under such Orion Patent Rights and Know-How outside the authority of both Xxxxxx Territory, 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 invention. 11.5.3 As between the Parties, they shall each, as to their respective territories, have full rights, title and interest in all inventions, Improvements, discoveries and know-how covering Licensed Product in the Xxxxxx Territory and Field, which are jointly made, conceived, reduced to practice or generated during the Agreement Term by employees or agents of both of them (“Joint Inventions”). Indevus shall have such right the sole right, at its option and expense, to file, prosecute and maintain any patent application or patent claiming a Joint Invention. 11.5.4 The terms of Sections 11.5.1, 11.5.2 and 11.5.3 shall apply regardless of whether the development activity resulting in the Indevus Territory. As to Joint Territoryinvention was conducted directly by a Party or by a Third Party (e.g., rights shall be determined pursuant to Article VIIa contract research organization) on behalf of such Party in accordance with the terms of this Agreement.