Ownership of Program Inventions. All right, title and interest in all Program Inventions that are discovered, made or conceived as part of the activities conducted pursuant to this Agreement shall be owned as follows:
(a) [***] shall own all Program Inventions that (A) are invented solely by one or more employees, agents or consultants of [***] and do not primarily relate to the [***] or (B) are invented solely or jointly by employees, agents or consultants of Licensee and/or [***] and [***]. To the extent that any such Program Inventions relating primarily to an [***] shall have been invented by [***] and are owned by [***], [***] hereby assigns all of its right, title and interest therein to [***].
(b) [***] shall own all Program Inventions that (i) are invented solely by one or more employees, agents or consultants of [***] and do not primarily relate to an [***] or (ii) are invented solely or jointly by employees, agents or consultants of Licensee and/or SGI and primarily relate to the [***]. To the extent that any Program Inventions relating primarily to [***] shall have been invented by [***] and are owned by [***], [***] hereby assigns all of its right, title and interest therein to [***].
(c) Except as set forth in Sections 9.1.2(a) and 9.1.2(b), [***] and [***] shall [***] own all other Program Inventions. For purposes of clarification and notwithstanding anything to the contrary set forth herein, all Program Inventions that relate primarily to [***], including without limitation, [***] owned.
(d) Inventorship, for the purposes of this Agreement, shall be determined in accordance with U.S. laws of inventorship.
Ownership of Program Inventions. All right, title and interest in all Program Inventions that are discovered, made or conceived as part of the activities conducted pursuant to this Agreement shall be owned as follows:
(a) Genmab shall own all Program Inventions that (i) are invented solely by one or more employees, agents or consultants of Genmab and [***] (ii) are invented solely or jointly by employees, agents or consultants of Genmab and/or SGI and [***]. To the extent that any such Program Inventions [***] shall have been invented by SGI employees and/or are owned by SGI, SGI hereby assigns all of its right, title and interest therein to Genmab. An “Improvement Invention to Genmab Material” (as defined in the Prior Agreement) shall be deemed a Program Invention owned by Genmab.
(b) SGI shall own all Program Inventions that (i) are invented solely by one or more employees, agents or consultants of SGI and [***] or (ii) are invented solely or jointly by employees, agents or consultants of Genmab and/or SGI and [***]. To the extent that any Program Inventions [***] shall have been invented by Genmab and are owned by Genmab, Genmab hereby assigns all of its right, title and interest therein to SGI. An “Improvement Invention to Seattle Genetics Material/Technology” (as defined in the Prior Agreement) shall be deemed a Program Invention owned by SGI.
(c) Except as set forth in Sections 14.1.2(a) and 14.1.2(b), Genmab and SGI shall jointly own all other Program Inventions.
(d) Inventorship, for purposes of this Agreement, shall be determined in accordance with U.S. laws of inventorship.
Ownership of Program Inventions. Each Party shall own an undivided one-half interest in and to any and all Program Inventions and Program Patents, and each Party hereby assigns, and agrees to assign, to the other Party an undivided one-half interest in and to any and all Program Inventions and Program Patents of which such Party would otherwise be the sole owner. Subject to the terms of, and the rights granted under, this Agreement, each of Xxxxxxx and Xxxxxxx as joint owners shall each have the right to exploit and to grant licenses under such Program Inventions and Program Patents (without an accounting or obligation to, or consent required from, the other Party).
Ownership of Program Inventions. As to ownership of Program Inventions:
7.1.1. ActiMed shall have and retain sole and exclusive title to Program Inventions, if such Program Invention is related to ActiMed Core Technology ("ActiMed Program Inventions");
7.1.2. PBI shall have and retain sole and exclusive title to Program Inventions, if such Program Invention is related to PBI Core Technology, ("PBI Program Inventions");
7.1.3. ActiMed and PBI shall jointly have and retain title to Program Inventions, if such Program Invention is related to both ActiMed Core Technology and PBI Core Technology, or if such Program Invention involve a combination thereof ("Joint Program Inventions"); and 11 *Omitted pursuant to a request for confidential treatment.
7.1.4. the employer(s) of the inventing scientist(s) shall have and retain title, if such Program Invention relates to neither ActiMed Core Technology nor PBI Core Technology. If the inventing scientist(s) is/are ActiMed employee(s), such Program Inventions shall be deemed ActiMed Program Inventions; if the inventing scientist(s) is/are PBI employee(s), such Program Inventions shall be deemed PBI Program Inventions, and if there is at least one inventing scientist who is an employee of ActiMed and at least one inventing scientist who is an employee of PBI, such Program Inventions shall be deemed Joint Program Inventions.
Ownership of Program Inventions. All right, title and interest in all Program Inventions that are discovered, made or conceived as part of the activities conducted pursuant solely to (x) the ADC Research Program, or (y) development or commercialization of Unilateral Products outside the Collaboration Program and in accordance with the rights and licenses set forth herein shall be owned as follows:
(a) Agensys shall own all Program Inventions that (i) are invented solely by one or more employees, agents or consultants of Agensys and do not primarily relate to the SGI Technology or SGI Products or (ii) are invented solely or jointly by employees, agents or consultants of Agensys and/or SGI and primarily relate to an [ * ] . To the extent that any such Program Inventions referred to in this Section 15.1.2 shall have been invented by SGI and are owned by SGI, SGI hereby assigns all of its right, title and interest therein to Agensys.
(c) Except as set forth in Sections 15.1.2(a) and 15.1.2(b), Agensys and SGI shall jointly own all other Program Inventions.
Ownership of Program Inventions. Each Party shall own an equal, undivided interest in all inventions, and discoveries that are conceived, discovered or otherwise made or reduced to practice by or on behalf of either or both Parties (or their respective Affiliates, subcontractors or sublicensees or its or their respective directors, officers, employees, representatives or agents) in the course of performing activities under this Agreement, whether or not patentable (collectively, “Joint Inventions”), and any and all Patent Rights arising therefrom (collectively, such Patent Rights with respect to Joint Inventions, “Joint Patents”), and Know-How that is conceived, discovered or otherwise made in the course of performing activities under this Agreement by or on behalf of either or both Parties (or their respective Affiliates, subcontractors or sublicensees or its or their respective directors, officers, employees, representatives or agents) in the course of performing activities under this Agreement (collectively “Joint Know-How”), and other intellectual property rights thereto, in each case to the extent such Joint Inventions, Joint Patents or Joint Know How is not disclosed in a Company Patent or a Novartis Patent. Each Party shall have full rights to license, assign and exploit such Joint Inventions (and any Joint Patents arising therefrom) anywhere in the world, without any requirement of gaining the consent of, or accounting to, the other Party, subject to the licenses granted herein and subject to Section 7.3 (No Implied Licenses). Inventorship shall be determined in accordance with United States federal patent law. For the purpose of clarification, ownership of Regulatory Filings and Regulatory Approvals shall be governed by Section 4.2.
Ownership of Program Inventions. All right, title and interest in all Program Inventions that are discovered, made or conceived as part of the activities conducted pursuant to this Agreement during the Research Program Term shall be owned as follows:
a) [***] shall own all Program Inventions that are invented solely by one or more employees, agents or consultants of [***];
b) [***] shall own all Program Inventions that are invented solely by one or more employees, agents or consultants of [***]; and
c) Subject to Section 11.1.3, [***] shall [***] own all Program Inventions that are invented by one or more of its employees, agents or consultants, together with one or more employees, agents or consultants of the other. For the purposes of determining ownership of Program Inventions under this Section 11.1.2, inventorship shall be determined under U.S. patent law. In the event of a dispute regarding inventorship, the JDC shall engage a Third Party patent attorney jointly selected by the Parties to resolve such dispute.
Ownership of Program Inventions. All right, title and interest in all Program Inventions shall be owned as follows:
a) Nastech shall own all Program Inventions that are conceived or reduced to practice solely by one or more employees, agents or consultants of Nastech;
b) Pharmacia shall own all Program Inventions that are conceived or reduced to practice solely by one or more employees, agents or consultants of Pharmacia; and
c) Nastech and Pharmacia shall jointly own all Program Inventions that are conceived or reduced to practice by one or more of its employees, agents or consultants, together with one or more employees, agents or consultants of the other Party. In the event of a dispute regarding inventorship, the Development Oversight Committee shall establish a procedure to resolve such dispute, which may include engaging a Third Party patent attorney jointly selected by the Parties to resolve such dispute, and the Development Oversight Committee shall not have the authority to resolve any dispute regarding inventorship. The Parties acknowledge that the ownership rights set out in this Section 10.2 are subject to the Licenses granted pursuant to this Agreement. Subject to the provisions of Sections 2.4, 2.5 and 2.7, each Party shall be free to use and exploit (which shall include the right to grant licenses under) the Joint Technology, without any duty of accounting to the other Party, for any purpose other than to Develop, make, have made, use, offer for sale, sell, or import Collaboration Product for use in the Field, which use of the Joint Technology in connection with Collaboration Product in the Field shall be in accordance with the royalty and other provisions of this Agreement
Ownership of Program Inventions. (a) OSI shall solely own all Program Inventions that (i) have specific or general utility in or application to the use or composition of any API or Product, and (ii) do not constitute Liposomal Inventions.
(b) Gilead shall solely own all Inventions that (i) have specific or general utility in or application to the use, application or method of manufacture or analysis of liposomal or lipid-based delivery or formulation technology ("Liposomal Inventions"), and (ii) are Program Inventions.
(c) Ownership of all other Program Inventions other than those set forth in Section 11.1(a) or 11.1(b) (Program Inventions not described in such Sections, "Other Inventions") shall be owned by the inventing Party (with inventorship being determined in accordance with United States patent law), or if not invented with the meaning of such patent law, shall be owned solely by a Party having solely generated such Other Invention, or jointly by the Parties if they jointly generated such Other Invention.
(d) Each Party hereby assigns such of its right, title and interest in and to the Program Inventions to the other Party as is necessary to achieve the ownership set forth in this Section 11.1, and agrees to execute and deliver all documents reasonably necessary to evidence or record such assignment.
Ownership of Program Inventions. All right, title and interest in all Program Inventions that are discovered, made or conceived as part of the activities conducted pursuant to this Agreement shall be owned as follows:
(a) Genmab shall own all Program Inventions that (i) are invented solely by one or more employees, agents or consultants of Genmab and [ * ] (ii) are invented solely or jointly by employees, agents or consultants of Genmab and/or SGI and [ * ]. To the extent that any such Program Inventions [ * ] shall have been invented by SGI employees and/or are owned by SGI, SGI hereby assigns all of its right, title and interest therein to Genmab. An “Improvement Invention to Genmab Material” (as defined in the Prior Agreement) shall be deemed a Program Invention owned by Genmab.
