Patent Costs. Within 30 days after receiving a statement from Stanford, ***** will reimburse Stanford:
(A) $ to offset Licensed Patent’s patenting expenses, including but not limited to interference or reexamination matters, inventorship disputes and opposition proceedings incurred by Stanford before the Effective Date; and
(B) for all Licensed Patent’s patenting expenses, including but not limited to interference or reexamination matters, inventorship disputes and opposition proceedings incurred by Stanford after the Effective Date. In all instances, Stanford will pay the fees prescribed for large entities to the United States Patent and Trademark Office.
Patent Costs. Licensee acknowledges and agrees that the licenses granted hereunder are in partial consideration for Licensee’s assumption of patent costs and expenses as described herein. Licensee agrees to pay and shall pay for all expenses referenced in Sections 8.1 and 8.2 hereof. In addition, Licensee agrees to reimburse and shall reimburse TSRI for all patent costs and expenses previously paid or associated with Licensed Patent Rights incurred by TSRI up to the Effective Date, less any such patent costs and expenses previously reimbursed by Licensee under the Option Agreement. Licensee agrees to pay and shall pay all such past and future patent expenses associated with the work on the Licensed Patent Rights performed by TSRI’s Office of Patent Counsel and/or its independent counsel within thirty (30) days after Licensee receives an itemized invoice therefor. Failure of Licensee to pay patent costs and expenses as set forth in this Section 8.3 shall immediately relieve TSRI from its obligation to incur any further patent costs and expenses. For the avoidance of doubt, should Licensee not pay any patent costs and expenses due to TSRI or independent counsel within thirty (30) days after Licensee’s receipt of any itemized invoice therefor, TSRI shall have the right, at its sole discretion, to cease all patent prosecution and allow Licensed Patent Rights to go abandoned. Such action by TSRI shall not constitute a breach of this Agreement. Payment can be made directly to independent counsel, or to TSRI. Licensee may elect with a minimum of ninety (90) days’ prior written notice to TSRI, to discontinue payment for the filing, prosecution and/or maintenance of any patent application and/or patent within Licensed Patent Rights. Licensee shall remain liable for all patent prosecution and maintenance costs incurred prior to the date of notice of election and for a ninety (90) day period following the date of such notice. Any such patent application or patent so elected shall immediately be excluded from the definition of Licensed Patent Rights and from the scope of the licenses granted under this Agreement, and all rights relating thereto shall revert to TSRI and may be freely licensed by TSRI.
Patent Costs. LICENSEE shall reimburse UNIVERSITY all Patent Costs within thirty (30) days following receipt by LICENSEE of an itemized invoice from UNIVERSITY.
Patent Costs. Licensee acknowledges and agrees that Scripps does not have independent funding to cover patent costs, and that the license granted hereunder is in part in consideration for Licensee's assumption of patent costs and expenses as described herein. Licensee shall pay for all expenses incurred by Scripps pursuant to Section 3.1 hereof. In addition, Licensee agrees to reimburse Scripps for all patent costs and expenses paid or incurred by Scripps to date in connection with Scripps Patent Rights licensed hereunder. Licensee agrees to pay all such past and future patent expenses directly or to reimburse Scripps for the payment of such expenses within sixty (60) days after Licensee receives an itemized invoice therefor. In the event Licensee elects to discontinue payment for the filing, prosecution and/or maintenance of any patent application and/or patent within Scripps Patent Rights, any such patent application or patent shall be excluded from the definition of Scripps Patent Rights and from the scope of the license granted under this Agreement, and all rights relating thereto shall revert to Scripps and may be freely licensed by Scripps. Licensee shall give Scripps at least sixty (60) days' prior written notice of such election. No such notice shall have any effect on Licensee's obligations to pay expenses incurred up to the effective date of such election.
Patent Costs. LICENSEE shall reimburse UNIVERSITY all past (prior to the Effective Date) and future (on or after the Effective Date) Patent Costs plus a fifteen percent (15%) patent service fee within thirty (30) days following receipt by LICENSEE of an itemized invoice from UNIVERSITY. [Current patent costs are less than US$1500.00.]
Patent Costs. (a) During the term of this AGREEMENT, payment of all PATENT RIGHTS EXPENSES shall be the responsibility of OREXIGEN, whether such fees and costs were incurred before or after the EFFECTIVE DATE of this AGREEMENT. Notwithstanding anything to the contrary in this AGREEMENT, except as OREXIGEN declines interest in non-US patent pursuit, OREXIGEN shall be responsible for all PATENT RIGHTS EXPENSES associated with the preparation and filing of the PCT application(s) contained within the PATENT RIGHTS as well as all PATENT RIGHTS EXPENSES associated with pursuit and maintenance of the PATENT RIGHTS. Within thirty (30) days of the EFFECTIVE DATE of this AGREEMENT, OREXIGEN agrees to reimburse DANTE for PATENT RIGHTS EXPENSES (not to exceed forty thousand dollars ($40,000)) which were incurred by DANTE, and for which attorney invoices were received and processed by DANTE, before the EFFECTIVE DATE.
(b) If OREXIGEN decides to discontinue the financial support of the prosecution or maintenance of a subject PATENT APPLICATION or patent falling within the scope of PATENT RIGHTS, OREXIGEN will give DANTE timely written notice at least two (2) months in advance of the effective date of OREXIGEN’s decision and DANTE will be free to continue prosecution or maintain any such application(s)/patents, and to maintain any protection issuing thereon in the U.S. and in any foreign country at DANTE’s sole expense. In such instances, from the date of DANTE’s receipt of such written notice from OREXIGEN, such patent and/or DANTE PATENT APPLICATION shall no longer be considered to fall within the definition of PATENT RIGHTS (APPENDIX A shall be deemed to be so amended) and OREXIGEN shall forfeit all rights under this AGREEMENT to the subject issued patent(s) and/or subject DANTE *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. PATENT APPLICATION and patent(s) arising from such PATENT APPLICATION. Accordingly, DANTE shall be free, at his sole discretion to license said patent(s) and patent application(s) to any THIRD PARTY or otherwise dispose of such patent(s) and patent applications(s) as it deems appropriate.
Patent Costs. The costs associated with the patent review, settlement, and litigation activities conducted pursuant to Sections 8.1 and 8.2 hereof shall be paid by Xxxx.
Patent Costs. Without affecting Demeter's obligation to LSU for patent prosecution under the License Agreement, Licensee will pay all reasonable out-of-pocket costs, fees and attorneys' fees and expenses of maintenance and/or further prosecution of (i) the LSU Licensed Patents, (ii) the Supplemental Patent Rights and (iii) the Licensed Patents listed under Section A1 of Appendix A, before the United States Patent and Trademark Office and before any other office or entity concerning patents (related to Licensed Patents) in those nations other than the United States of America which have been selected by Licensee for foreign patent protection on a patent-by-patent basis. Licensee will have a right to review any such patent applications and advise on the coverage of protection sought to the extent within the scope of the license rights granted under this Agreement. Demeter may elect to seek patent protection for Licensed Patents in countries not selected by Licensee at Demeter's expense; however, in such event, Licensee will forfeit its rights with respect to affected patents in such countries. Licensee will be entitled to a credit of fifty percent (50%) of the cumulative costs and fees paid by Licensee pursuant to this Paragraph against any royalty or other payments that may be due to Demeter under this Agreement. No credit may be taken prior to the third anniversary of the effective date. Thereafter, no more than 50% of the amount due Demeter under this Agreement in any given year may be offset by such credit. Licensee will have no obligation to pay any costs or fees in connection with the prosecution and/or maintenance of the Licensed Patents listed under Section A2 or A3 of Appendix A under this Agreement, except to the extent that Licensee elects to make such payments with respect to the Section A3 patents as set forth in Article VI.
Patent Costs. If Connetics exercises the option set forth in Section 4.1, then Connetics agrees to reimburse InterMune all costs paid by InterMune to Genentech under Section 5.2 of the Genentech License which relate to any patent or patent application the claims of which: (a) are specifically directed to a Licensed Protein Product for use in the Dermatology Field and (b) do not relate to a Licensed Protein Product for use in any area of the IG Field other than the Dermatology Field.
Patent Costs. Each Party shall be responsible for all costs and expenses associated with its Prosecution and Maintenance activities under Section 8.2.
