PATENT APPLICATIONS AND MAINTENANCE Sample Clauses

PATENT APPLICATIONS AND MAINTENANCE. 7.1 Subject to Section 7.3, MICHIGAN has the first right and responsibility to control all aspects of filing, prosecuting, and maintaining all of the patents and patent applications that are contained within the PATENT RIGHTS, interferences, and disputes (including litigation) regarding inventorship, in each case in cooperation with LICENSEE in accordance with Section 7.2, and using counsel reasonably acceptable to LICENSEE. LICENSEE shall fully cooperate in such activities. [***]=CERTAIN CONFIDENTIAL INFORMATION OMITTED 7.2 MICHIGAN shall promptly (and reasonably prior to any deadline or action with the U.S. Patent and Trademark Office or any foreign patent office) notify and provide copies to LICENSEE of all information and documents received by MICHIGAN relating to the filing, prosecution and maintenance of the patents and patent applications that are contained within the PATENT RIGHTS. LICENSEE shall have the right to review, comment, and advise upon all such information, including providing to MICHIGAN and/or MICHIGAN’s counsel the initial draft of any response or document related thereto, and MICHIGAN agrees to implement in good faith all reasonable and timely requests made by LICENSEE. Each party agrees to hold such information confidential and to use the information provided by MICHIGAN or LICENSEE only for the purpose of advancing the PATENT RIGHTS. 7.3 MICHIGAN shall not abandon any patent or patent application within the PATENT RIGHTS without reasonable prior notice to LICENSEE (in any event at least sixty (60) days prior to any deadline or action with the U.S. Patent and Trademark Office or applicable foreign patent office). Upon receiving such notice LICENSEE shall have the right, but not obligation, to assume all aspects of filing, prosecuting, and maintaining of any such patent or patent application. 7.4 LICENSEE shall reimburse MICHIGAN for all reasonable fees and costs relating to the activities described in this Article on a pro-rated basis based on the number of MICHIGAN licensees or optionees of the PATENT RIGHTS or any portion thereof provided, however, that starting with calendar year 2013 such fees and costs shall be consistent with an annual budget to be agreed upon by the parties before the start of each calendar year. Reimbursement by LICENSEE shall be made within thirty (30) days of receipt of MICHIGAN’s invoice and shall be subject to the interest specified in Section 3.5 above.

PATENT APPLICATIONS AND MAINTENANCE. 10.1 ESCALON shall control all aspects of filing, prosecuting, and maintaining Licensed Patents, including foreign filings and Patent Cooperation Treaty filings, using patent counsel reasonably acceptable to LICENSEE. LICENSEE shall, at its own expense, perform all actions and execute or cause to be executed all documents necessary to support such filing, prosecution, or maintenance. In the event that Escalon is unable or unwilling to prosecute or maintain Licensed Patents, LICENSEE will have such right, at its own expense, to file, prosecute or maintain such Licensed Patents. 10.2 ESCALON shall consult regularly with LICENSEE and, through the opportunity to review drafts and all correspondence with U.S. and foreign patent offices, and the right to consult on a full disclosure basis with ESCALON’s patent counsel, ESCALON shall endeavor to provide LICENSEE a meaningful opportunity to review and participate in all decisions regarding the filing, prosecution and maintenance of the Licensed Patents. 10.3 ESCALON may in its sole discretion decide to refrain from or to cease prosecuting or maintaining any of the Licensed Patents, including any foreign filing or any Patent Cooperation Treaty filing. In the event that ESCALON makes such decision, ESCALON shall notify LICENSEE promptly and in sufficient time to permit LICENSEE at its sole discretion to continue such prosecution or maintenance at LICENSEE’s expense. If LICENSEE elects to continue such prosecution or maintenance, ESCALON shall execute such documents and perform such acts at LICENSEE’s expense as may be reasonably necessary for LICENSEE to so continue such prosecution or maintenance. 10.4 LICENSEE shall reimburse patent expenses paid by ESCALON as follows: ESCALON shall provide notice to LICENSEE of all reasonable and necessary out-of-pocket expenses paid by ESCALON in external monitoring, drafting, filing, prosecuting and maintaining the Licensed Patents, including without limitation fees paid to outside counsel or consultants; patent office fees for filing, prosecution, reissue, reexamination and issue; maintenance fees; fees for foreign filings and Patent Cooperation Treaty filings; but not including any part of any ESCALON employee’s salary. The first such notice of expenses provided by ESCALON shall include all such expenses incurred by ESCALON up to the Effective Date with respect to all Licensed Patents (Exhibit A). LICENSEE shall reimburse ESCALON $75,000 within 18 months of the Effective Date...

PATENT APPLICATIONS AND MAINTENANCE. Licensor will have sole authority and discretion to make decisions relating to whether and how to apply for, prosecute, obtain, maintain and renew the patents and applications included in the Licensor’s Distribution Rights. Licensor shall promptly notify Licensee if Licensor declines to (i) apply for a patent, copyright, or trademark with respect to the Distribution Rights for any jurisdiction that Licensee requests that an application be submitted, (ii) pursue prosecution of such application that is included in such Distribution Rights, or (iii) maintain or renew any patents included in the Distribution Rights. Following such notice, Licensee may, with notice to Licensor, elect to apply for a patent in such jurisdiction, or continue the prosecution of such patent application (or maintenance of such patent) at Licensee’s expense, provided, however, that Licensor shall retain all ownership rights to any patents that may issue with respect to such Distribution Rights.

PATENT APPLICATIONS AND MAINTENANCE. If Company elects to file one or more patent applications, either in the United States or in any foreign country, on a Subject Invention of which Executive is an inventor, Executive will sign all necessary documentation relating to the patent application(s), including formal assignments to Company, and will cooperate with attorneys or other Persons designated by Company to provide all information necessary for the prosecution of the patent application(s) in the United States and any foreign country. Executive also will assist Company in every proper way to maintain its patents during and following the period of employment, including, but not limited to, the performance of all lawful acts, such as the giving of testimony in any interference proceedings, infringement suits, or other litigation, as may be deemed necessary or advisable by Company.

PATENT APPLICATIONS AND MAINTENANCE. 7.1 MICHIGAN shall have the right to control all aspects maintaining the patents that form the basis for the PATENT RIGHTS, including administrative reexaminations and reviews, disputes (including litigation) regarding inventorship and derivation, and interferences. LICENSEE shall fully cooperate with MICHIGAN in activities relating to the PATENT RIGHTS, including said activities. Upon MICHIGAN’s request, to the extent permitted by law, LICENSEE shall cooperate with MICHIGAN in applying for patent term extension for any and all patents included in the PATENT RIGHTS. LICENSEE and MICHIGAN will mutually agree on the jurisdictions in which to seek such patent protection. 7.2 MICHIGAN shall notify LICENSEE of all information received by MICHIGAN relating to maintenance of the PATENT RIGHTS, and shall make reasonable efforts to allow LICENSEE to review, comment, and advise upon such information. LICENSEE shall hold such information confidential and to use the information only for the purpose of advancing MICHIGAN’s PATENT RIGHTS. 7.3 LICENSEE shall reimburse MICHIGAN for all fees and costs relating to the activities described in this Article; provided, however, that LICENSEE shall not be responsible to reimburse such fees and cost relating to any country in which LICENSEE has not agreed to seek patent protection. Such reimbursement shall be made within thirty (30) days of receipt of MICHIGAN’s invoice and shall be subject to the interest and other requirements specified in Article 4 above.

PATENT APPLICATIONS AND MAINTENANCE. 8.1 RDLP shall control all aspects of filing, prosecuting, and maintaining Licensed Patents, including foreign filings and Patent Cooperation Treaty filings. RDLP may in its sole discretion decide to refrain from or to cease prosecuting or maintaining any of the Licensed Patents, including any foreign filing or any Patent Cooperation Treaty filing. 8.2 RDLP shall notify LICENSEE of any issuance of any Licensed Patent(s) and the Valid Claims included therein, and any lapse, revocation, surrender, invalidation or abandonment of any Licensed Patent or Valid Claim.

PATENT APPLICATIONS AND MAINTENANCE. 8.1 MICHIGAN and RDLP shall control all aspects of filing, prosecuting, and maintaining Licensed Patent(s), including foreign filings and Patent Cooperation Treaty filings. MICHIGAN and RDLP may in their sole discretion decide to refrain from or to cease prosecuting or maintaining any of the Licensed Patent(s), including any foreign filing or any Patent Cooperation Treaty filing. 8.2 MICHIGAN shall notify LICENSEE of any issuance of any Licensed Patent(s) and the Valid Claims included therein, and any lapse, revocation, surrender, invalidation or abandonment of any Licensed Patent or Valid Claim.

PATENT APPLICATIONS AND MAINTENANCE. 7.1 Xtera shall retain and pay patent counsel for the filing, prosecution, and maintenance of the Patent Rights. Xtera shall provide Michigan notice of such patent counsel or firm and will ensure that the appropriate conflicts check has been completed. 7.2 Xtera shall notify Michigan of information received by Xtera relating to the filing, prosecution, issuance, and maintenance of the patents and patent applications which form the basis of the Patent Rights including providing Michigan copies of Office Actions and Xtera’s filed responses thereto and information relating to any lapse, revocation, surrender, invalidation or abandonment of any of the patents which form the basis for the Patent Rights, in sufficient time, where practical, for Michigan to review and act upon such information. 7.3 Xtera shall be responsible for all fees and costs relating to the filing, prosecution, interference proceedings and maintenance of the Patent Rights except as specifically provided below. 7.4 Except as provided under Article 7.2 and 7.5 below, Xtera shall have sole authority and discretion in all decisions relating to preparing, filing, and prosecuting all patent applications. Michigan agrees to cooperate, at Xtera’s request and expense (except for salaries paid to Michigan employees) in the preparation, filing, prosecution, and enforcement of any patent applications or patents relating to the Patent Rights. 7.5 Xtera may elect not to pursue or maintain a particular foreign patent application or patent within Patent Rights, subject to the terms of this Article 7.

PATENT APPLICATIONS AND MAINTENANCE. MICHIGAN and RDLP shall control all aspects of filing, prosecuting, and maintaining Licensed Patents, including foreign filings and Patent Cooperation Treaty filings. MICHIGAN and RDLP may in their sole discretion decide to refrain from or to cease prosecuting or maintaining any of the Licensed Patents, including any foreign filing or any Patent Cooperation Treaty filing.

PATENT APPLICATIONS AND MAINTENANCE. The Company shall have the exclusive right, but not the obligation, to file (in the name of the appropriate inventor or inventors) and prosecute patent, copyright or trademark applications world-wide with respect to any intellectual property constituting a part of the Assigned Rights. In the event the Company elects to file a patent application with respect to any of the Assigned Rights on behalf of itself, an Affiliate or licensor, it shall give prompt notice to Developer of each such application and keep Developer reasonably advised regarding its status and result. Developer agrees to execute, and to cause all Developer Persons to execute, without charge any foreign or domestic patent, copyright or trademark applications or assignments or similar documents related to patent, copyright or trademark prosecution or otherwise necessary or desirable, and to take all other actions reasonably requested by the Company or required by Law (as defined below) in order to file, prosecute, register, procure or assign rights under such applications, that relate to the above assignment and the obtaining of such patent, copyright or trademark rights, including providing reasonable cooperation and assistance to the Company in connection with such prosecution.