Patent Filing and Prosecution. Lilly and Isis shall work closely to ensure that, when appropriate, Patent Rights are obtained for inventions arising in the course of the Collaboration. Each Party shall use its commercially reasonable efforts in filing and prosecuting Patent Rights claiming inventions arising in the course of the Collaboration under this Section 12.3. When appropriate, the Parties shall file Collaboration ASO Compound Patent Rights separately from patent applications containing all other claims, including, without
1. The Executive Committee shall designate one of the Parties as being the responsible Party for preparing, filing, prosecuting, maintaining and taking such other actions as are reasonably necessary or appropriate with respect to the Joint Collaboration Patent Rights. Allocation of external costs for preparing, filing, prosecuting, maintaining such Joint Collaboration Patent Rights shall be determined by the Executive Committee. Each Party shall provide the other Party with a copy of any patent application that first discloses an invention arising in the course of the Collaboration or any Collaboration Know-How, prior to filing the first of such applications in any jurisdiction, for review and comment by the other Party. Each Party shall keep the other Party continuously informed of all significant matters relating to the preparation, filing, prosecution and maintenance of Collaboration Patent Rights. Each Party shall provide the other Party with copies of any substantial prosecution papers relating to Collaboration Patent Rights within thirty (30) days of receipt. Each Party shall endeavor in good faith to coordinate its efforts with those of the other Party to minimize or avoid interference with the prosecution of the other Party’s patent applications. The Executive Committee shall review and have oversight responsibility for all patent matters pertaining to the Collaboration.
12.3.1 Lilly at its own expense, will prepare, file, prosecute and/or maintain the (i) Isis Collaboration ASO Compound Patent Rights and (ii) Isis ASO Compound Patent Rights that are exclusively licensed by Lilly pursuant to Article 8. Lilly shall be responsible for [***] of the cost of filing, prosecuting, and maintaining (i) Isis Collaboration ASO Compound Patent Rights and (ii) Isis ASO Compound Patent Rights, that are incurred on and after such time as any such Patent Right is exclusively licensed to Lilly under Article 8. In the event of termination under Section 13.4 or 13.5, or u...
Patent Filing and Prosecution. During the Term, except as otherwise provided in Section 12.6(b), API shall, at its sole expense, file, prosecute, maintain, and defend API Patent Rights in the Territory and API shall control all API Patent Rights filings and actions. API shall use commercially reasonable efforts to obtain API Patent extensions in any countries in the Territory in which such extensions are available.
Patent Filing and Prosecution. 4.1 Subject to the requirements, limitations and conditions set forth in this Agreement, PA shall have the exclusive right, power, and authority to control: (i) the preparation, filing, and prosecution of any and all United States and foreign patent applications connected with the Licensed Technology, the PA System, and any Improvements to the foregoing which are not Authorized Licensee Improvements (as defined in Section 10.1 hereinbelow), defined below (including any interferences and foreign oppositions), and (ii) the maintenance and enforcement of any and all patents issuing from (i) above or (iii) any Authorized Licensee Improvements which Licensee fails to file, prosecute or protect as described below in this Section 4.1. Subject to the requirements, limitations and conditions set forth in this Agreement, during the Term Licensee shall have the exclusive right, power, and authority to control: (x) the preparation, filing, and prosecution of any and all patent applications worldwide which arise out of or are connected with any Authorized Licensee Improvement, and (y) the maintenance and enforcement of any and all patents issuing therefrom worldwide; provided, however, that PA shall have the right to approve all such filings or prosecution in writing in advance of making any filings or taking such action (as applicable), such approval not to be unreasonably withheld. PA shall be provided drafts of all such filings no later than thirty (30) days prior to the proposed filing date, and Licensee shall implement reasonable requests made by PA with regard to the preparation, filing, prosecution and/or maintenance of any patent applications and/or patents with respect to any Authorized Licensee Improvements in any jurisdiction within the Territory. Licensee agrees that it shall not surrender patentable subject matter or narrow claim scope so as to avoid overlap with other technologies of Licensee or its Affiliates. Licensee shall, at the request of PA, file, prosecute, and maintain patent applications and patents, as the case may be, in those foreign countries within the Territory designated by PA. In the event that Licensee does not, within thirty (30) days following written request from PA, exercise its right to prepare, file or prosecute any patent applications in connection with any Authorized Licensee Improvement pursuant to the terms of clause (x) above or maintain or enforce any patents in connection with any Authorized Licensee Improvement pursuant to...
Patent Filing and Prosecution. Cytokinetics shall have the right, but not the obligation, to file, prosecute and maintain patent applications and patents on all Inventions. Portola shall have the right, but not the obligation, to file, prosecute and maintain patent applications and patents on all Portola Inventions. Portola will not file, under any circumstances, a patent application in any country in the world claiming any composition of matter, use, formulation, synthetic procedure, manufacturing procedure or method of administration that is Cytokinetics Information and/or Cytokinetics Materials without Cytokinetics' prior written consent. Cytokinetics will not file, under any circumstances, a patent application in any country in the world claiming any composition of matter, use, formulation, synthetic procedure, manufacturing procedure or method that is Portola Information without Portola's prior written consent.
Patent Filing and Prosecution. University shall Promptly notify Sponsor of any University and/or Joint Invention made during the Research Program (which notice shall include, but is not limited to, the submission to Sponsor of the pre-publication materials as described in Article VI of the Agreement). In the event the University or Sponsor believes that such Invention involves a patentable material, Sponsor shall have the first right to file the United States Patent Application(s). Sponsor shall be primarily responsible for all patent prosecution activities pertaining to Licensed Patents assigned solely to University or assigned jointly to Sponsor and University. Sponsor shall, with Emory's approval, which shall not be unreasonably withheld, select patent counsel to prosecute all such Licensed Patents and shall provide University with copies of all communications from patent offices, filings and correspondence pertaining to such patent prosecution activities, in a timely manner, so as to give University an opportunity to comment thereon prior to any responsive filing. University shall have the right to have claims which are supported by the specification added to an application. If Sponsor chooses not to timely file or pursue patent protection or patent maintenance for any patent application or issued patent assigned solely to University, Sponsor shall notify University prior to abandonment in such a manner as would allow University a reasonable period of time to take over prosecution or maintenance of said patent application or issued patent. Such patent application or issued patent shall then not be considered a Licensed Patent and University shall be free, at its election, to abandon or maintain the prosecution of such patent application or issued patent or grant rights to such patent application or issued patent to third parties. If Sponsor chooses not to timely file or pursue patent protection or patent maintenance for any patent application or issued patent assigned jointly to Sponsor and University, Sponsor shall, upon University's request, assign its interests in such patent application or issued patent to University. After such assignment, such patent application or issued patent shall then not be considered a Licensed Patent and University shall be free, at its election, to abandon or maintain the prosecution of such patent application or issued patent or grant rights to such patent application or issued patent to third parties.
Patent Filing and Prosecution. 8.2.1 Filing, prosecution and maintenance of patents claiming Joint Results (the “Joint Patents”) shall be managed in accordance with the principles set forth in the Collaboration Agreement.
8.2.2 Following the Signature Date, DYNACURE shall be responsible for managing the filing, prosecution and maintenance of all Licensed Patents other than the Joint Patents (the “Other Licensed Patents”), [***]. The Co-Owners shall provide all such assistance, including any documents signed by the Co-Owners or its personnel or agents, as may be reasonably requested by DYNACURE for the purposes of prosecuting the Other Licensed Patents. DYNACURE shall provide the Co-Owners with a copy of all material correspondence received from patent authorities in the Territory regarding the Other Licensed Patents, and shall communicate to ICM on behalf of the Co-Owners in a timely manner drafts of any material filings or responses to be made to such patent authorities with respect to such Other Licensed Patents, and shall take into account any reasonable comments received from ICM on behalf of the Co-Owners within [***] of such communication. [***] Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed.
Patent Filing and Prosecution. 4.1 The Parties agree to take reasonable actions necessary to vest in each other in their respective rights in the Foreground Technology, including licenses of rights and execution of documents. The Parties agree that the costs attendant to such actions shall be borne by the requesting Party. Further, the Parties recognize that the nature of the Project may give rise to Joint Inventions which may require cooperation (including filing strategy and cost sharing) between the Parties to register. The Parties agree to use their reasonable efforts to support each other in perfecting rights in Foreground Technology. Any inventor remuneration, if applicable, shall be the sole responsibility of the Party for which the inventor worked at the time of invention. No Party may file a patent application disclosing a jointly created invention or file a copyright registration on any Joint Technology without the prior written consent of the other Party.
4.2 At least thirty (30) days prior to either Party filing any patent application conceived hereunder and as part of the Project, the Party desiring to file such an application shall provide the other Party with a copy of the proposed application. The Party receiving the copy of the proposed application shall then have thirty (30) days to notify the Party desiring to file as to whether it believes that any of its Confidential Information is disclosed or if the invention is its own sole intellectual property or Joint Intellectual Property. If the application contains any of the other Party’s Confidential Information, then the Party desiring to file the patent application shall either: (a) delete such Confidential Information from the application prior to filing, or (b) where disclosure of such Confidential Information in the patent application is necessary to comply with the statuary requirements of any country in which the application will be filed, not file such application without the prior written permission of the Party owning such Confidential Information.
Patent Filing and Prosecution. Each Party will prepare, file, and prosecute patent applications and maintain patents that Cover inventions for its Sole Inventions and shall be responsible for related interference proceedings and opposition proceedings. Each Party will endeavor to file and prosecute patent applications that contain valid claims which the Parties in good faith believe to be patentable, and which, if issued would be Valid Claims that Cover the Product(s). In addition, the Parties will ensure that such patent applications are filed before any public use or public disclosure by either Party in order to maintain the validity of patent applications filed outside of the United States. The Parties will also ensure that any patent applications filed in the United States are filed within one (1) year after any publication, offer for sale or commercial use of such invention. Each Party shall cooperate with the other in preparing, filing and prosecuting any patent applications relating to Program Patents. Each Party shall also cooperate with the other in executing and delivering any instrument required to assign, convey or transfer to such other Party its interest should such assignment, conveyance or transfer be required by the terms of this Agreement. At least thirty (30) days prior to the contemplated filing date, each Party shall submit to the other a substantially complete draft of any patent application for Sole Inventions arising under this Agreement and will make every reasonable effort to adopt the other Party's suggestions regarding such draft. Furthermore, each Party will confer with the other, and make every reasonable effort to adopt the other Party's suggestions regarding the prosecution of such patent applications of Sole Inventions and will copy the other Party with any official actions and submissions in such patent applications.
Patent Filing and Prosecution. SYSTEM shall prosecute to completion the U.S. Patent Applications identified in and comprising PATENT RIGHTS. "Prosecution to completion" shall mean prosecution of the original and any continuing or divisional applications to issuance or to a final rejection. SYSTEM is not required to, but may at its discretion, pursue an appeal to the Board of Patent Appeals and Interferences, or the Federal Circuit Courts, or similar action in foreign countries. SYSTEM shall maintain any U.S. patent resulting from the prosecution described hereinabove. In the event that INHIBITEX determines not to continue reimbursement of SYSTEM's expenses for the prosecution to completion or maintenance of U.S. Patent Applications comprising PATENT RIGHTS, INHIBITEX will inform SYSTEM of its decision in sufficient time for SYSTEM to make decisions regarding its desire to continue prosecution. In such case, SYSTEM shall have the right to continue the prosecution or maintenance at its own expense. However, any such applications or patents funded by SYSTEM thereafter shall be excluded from PATENT RIGHTS.
Patent Filing and Prosecution. From time to time throughout the Term, the Parties will regularly confer and review their solely and jointly owned and licensed existing, now pending, and being developed during the Term intellectual property rights that claim NR Product, products containing NR Product, or any uses thereof and together consider strategies that would enhance the value of those rights in the context of NR Product, products containing NR Product, or uses thereof.
