Patent Filing. At SPONSOR’s request and expense, UNIVERSITY will file patent applications in the United States and in foreign countries for UNIVERSITY or Joint Inventions. For Joint Inventions, SPONSOR may, with UNIVERSITY approval, control the patent application filing, prosecution and maintenance. SPONSOR will make any filing request to UNIVERSITY in writing and within 60 days of UNIVERSITY’s notice of Invention disclosure. UNIVERSITY will keep SPONSOR promptly informed regarding the status of any patent application filed at SPONSOR’s expense and will give SPONSOR reasonable opportunity to comment. If SPONSOR elects not to have UNIVERSITY file patent applications, then UNIVERSITY may, at its discretion and at its expense, file patent applications in the United States and in foreign countries for any UNIVERSITY or Joint Invention.
Patent Filing. (a) CURAGEN shall have the responsibility to prepare, file, prosecute, obtain and maintain U.S. and foreign patent applications and patents on Inventions at its sole expense. Initial patent filings shall be made in the form of a regular CFR Rule 1.51 U.S. Priority patent application or a provisional application, as determined by the Patent Coordinators. The Patent Coordinators for each Party will be designated by such Party from time to time. Patent applications will be perfected by making, as soon as available, an ATCC deposit of at least such Clone(s) as reasonably agreed by the Patent Coordinators, and by making any subsequent application filings necessary to perfect U.S. or foreign priority patent rights in the countries of Europe that are members of the European Patent Organization, Japan, Canada, Mexico and at least such other countries as mutually agreed by the Parties. GENENTECH agrees to provide reasonable and timely assistance and cooperation to CURAGEN to facilitate such filing, prosecution and maintenance, including without limitation, the execution of appropriate powers of attorney. CURAGEN agrees that any such preparation, filing, prosecution and maintenance shall be conducted diligently and in a timely fashion. GENENTECH shall be kept fully informed by CURAGEN of the progress of all patent filings and prosecution hereunder and shall be provided with copies of all material documents pertaining thereto including, without limitation, information regarding inventorship, sequences and sequence listings, serial numbers, filing dates, foreign filing licenses and copies of patent applications, until the end of the Exclusive Evaluation Period, and for any Invention which becomes subject to an Option, until the end of the Option Period. GENENTECH shall be given the opportunity, whenever practical, to review and comment in advance on any patent filings or other correspondence with the patent office during such periods and CURAGEN shall use reasonable efforts to incorporate any comments provided by GENENTECH. CURAGEN shall pursue its priority to claims on Inventions by filing all necessary interferences and opposition papers, motions and the like. Any proposed interference settlement agreement relating to Inventions subject to potential Option by GENENTECH hereunder will be reviewed by the RC.
(b) If CURAGEN is unable to file patent applications as set forth in Section 6.2(a) on a timely basis despite diligent efforts concerning Inventions made regardin...
Patent Filing. The Collaborator responsible for filing any Patent Application for a Subject Invention shall notify the other Collaborator of all filing deadlines for prosecution of any Patent Application and maintenance of any Patents on the Subject Invention. Notwithstanding the primary responsibility defined in Article 7.10, sixty (60) days prior to any filing deadline, the Collaborators shall confer to determine if the filing Collaborator intends to respond to the filing deadline. The non-filing Collaborator has the right to take action if the filing Collaborator declines.
Patent Filing. During the Term and thereafter during any period of time during which WCCI shall have a license under this Agreement to Paratek Patent Rights or to Joint Patent Rights, with respect to any Patent Rights arising hereunder:
(a) Paratek, at its sole expense and acting through patent attorneys or agents of its choice, shall be responsible for the preparation, filing, prosecution and maintenance of all Patent Rights relating to the Paratek Technology. At Paratek’s request, WCCI shall reasonably cooperate with and assist Paratek, at Paratek’s expense, in connection with such activities. Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 406 of the Securities Act of 1933, as amended.
(b) WCCI, at its sole expense and acting through patent attorneys or agents of its choice, shall be responsible for the preparation, filing, prosecution and maintenance of all Patent Rights relating to the WCCI Technology. At WCCI’s request, Paratek shall reasonably cooperate with and assist WCCI, at WCCI’s expense, in connection with such activities.
(c) Except as expressly provided in Article 11 hereof, neither Party makes any warranty with respect to the validity, perfection or dominance of any patent or other proprietary right or with respect to the absence of rights in Third Parties which may be infringed by the manufacture or sale of any Product. Each Party agrees to bring to the attention of the other Party any patent or patent application it discovers applicable to the subject matter of this Agreement, which relates to the rights of either Party under this Agreement.
(d) Unless the Parties otherwise agree, (i) Paratek, acting through patent counsel or agents of its choice, shall be responsible for the preparation, filing, prosecution and maintenance of Joint Patent Rights outside of the Territory; and (ii) WCCI, acting through patent counsel or agents of its choice, shall be responsible for the preparation, filing, prosecution and maintenance of Joint Patent Rights within the Territory. The Parties shall share equally the control and the fees of counsel and the other costs and expenses related to patents and patent applications claiming inventions that are Joint Technology. Should one Party desire not to share in the control, filing, prosecution or maintenance of any such patent or patent application...
Patent Filing. During the term of this Agreement, with respect to any ------------- Patent Rights or Inventions licensed hereunder:
Patent Filing. Intel may, in its sole discretion, file patent applications claiming the Patent Rights for Inventions in the LiDAR Transitional Technology and may file anywhere in the world, solely in its own name, and at its own expense. Intel need not file any patent application for any such Invention and need not maintain any patent application it has filed.
Patent Filing. [* * *].
Patent Filing. PROSECUTION. AND MAINTENANCE
7.1 [***]
7.2 [***]
7.3 Each party shall promptly inform the other as to all matters that come to its attention that may affect the preparation, filing, prosecution, or maintenance of the Licensed Patent Rights and permit each other to provide comments and suggestions with respect to the preparation, filing, prosecution, and maintenance of the Licensed Patent Rights, which comments and suggestions shall be considered by the other party.
2) Article 11 shall be deleted in its entirety and replaced with the following:
Patent Filing. The Collaborator responsible for filing any Patent Application for a Subject Invention shall notify the other Collaborator of all filing deadlines for prosecution of any Patent Application and maintenance of any Patents on the Subject Invention. Notwithstanding the primary responsibility defined in Article 7.11, sixty
Patent Filing. Elevance hereby consents to Clariant making a patent filing based on Clariant’s evaluation of the Sample in the Field solely with respect to the Permitted Claims. Prior to making any patent filing, Clariant shall disclose to Elevance the patent application comprising the Permitted Claims in order to permit Elevance to verify that the patent application is limited to the Permitted Claims and to give Elevance a reasonable opportunity to review and comment on such application. Elevance shall treat such applications and related documents as Confidential Information, except for such information in such applications and related documents that was known to Elevance prior to disclosure by Clariant and provided that any such information that is subsequently disclosed in a published patent application shall ceases to be Confidential Information. Clariant shall not make any patent application filing with respect to the Permitted Claims (whether an initial application, a subsequent application, any foreign counterpart application, or otherwise) without first obtaining the prior written consent of Elevance, such consent not to be unreasonably withheld, conditioned, or delayed. The Parties shall coordinate and cooperate in good faith to identify the data, technical information and other details necessary to support Clariant’s patent application with respect to the Permitted Claims. Clariant shall make a patent filing with respect to the Permitted Claims no later than three (3) weeks after the Effective Date of this Agreement. For the avoidance of doubt, Clariant may disclose certain information related to and limited to the evaluation of the Sample solely as necessary to seek patent protection for Permitted Claims included in a patent application, in which case such information shall no longer be deemed Confidential Information.
