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. 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. 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.
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.
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. 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.
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 the effective date of this Amendment, each patent application related to PATENT RIGHTS, i.e. original provisional or regular patent applications, divisionals, continuations, or continuations-in-part, shall be filed by INHIBITEX in the name of SYSTEM using counsel acceptable to SYSTEM. Prior to filing such applications, INHIBITEX shall determine the scope of such applications in consultation with SYSTEM. INHIBITEX agrees to INDEMNIFY and HOLD SYSTEM HARMLESS for the legal fees and expenses INHIBITEX incurs in prosecuting and maintaining PATENT RIGHTS. In the event the Attorney General of Texas (the "AG") rules that counsel pursuing patent protection for SYSTEM must be approved by the AG, INHIBITEX agrees to take all necessary steps to assure compliance with the AG's ruling including, if necessary, modifying this Agreement to allow SYSTEM to hire patent counsel. Prior to filing a patent application related to PATENT RIGHTS, INHIBITEX agrees to provide SYSTEM with the curriculum vitae for each attorney INHIBITEX proposes to use to seek patent protection along with a letter from the firm the attorneys are associated with acknowledging that the firm will look solely to INHIBITEX for the payment of its fees and expenses. Unless exigent circumstances dictate to the contrary, INHIBITEX shall allow SYSTEM at least 30 days to approve of the attorneys INHIBITEX desires to hire to pursue PATENT RIGHTS. INHIBITEX shall also 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. INHIBITEX is not required to, but may with the consent of SYSTEM, pursue an appeal to the Board of Patent Appeals and Interferences, or the Federal Circuit Courts, or similar action in foreign countries. Furthermore, INHIBITEX shall maintain any U.S. patent(s) resulting from the prosecution described hereinabove. In the event that INHIBITEX determines not to continue 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 RIGH...
Patent Filing and Prosecution. Lilly and Isis shall work closely, through their interactions on the Executive Committee and the IP Committee, 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. With respect to inventions arising in the course of the Collaboration, and when appropriate, the Parties shall file patent applications containing ASO Compound composition of matter claims and claims directed to the use of such ASO Compound (each, an "ASO Composition of Matter Patent Right") separately from patent applications containing all other claims, including, without limitation, non-ASO Compound composition of matter claims and claims directed to the use of such non-ASO Compound. Lilly shall not be responsible for reimbursement under Section 12.6 of any of Isis' external costs of filing, prosecuting, maintaining and extending any ASO Composition of Matter Patent Right solely owned by Isis unless such ASO Composition of Matter Patent Right is exclusively licensed to Lilly under Article 8 in which case the terms of Section 12.6 shall apply; provided, however, that the Parties shall reimburse [***] of Isis' external costs of filing, prosecuting, maintaining and extending ASO Composition of Matter Patent Rights claiming Drug Discovery ASO Compounds and/or the use of Drug Discovery ASO Compounds directed to a Drug Discovery Target until such time as either such Target ceases to be a Drug Discovery Target for purposes of this Agreement, Lilly exclusively licenses such ASO Composition of Matter Patent Right, or Lilly elects to discontinue such reimbursement pursuant to Section 12.6. Isis shall be responsible for preparing, filing, prosecuting, maintaining and taking such other actions as are reasonably necessary or appropriate with respect to the Isis Collaboration Patent Rights and the Isis Patent Rights. Lilly shall be responsible for preparing, filing, prosecuting, maintaining and taking such other actions as are reasonably necessary or appropriate with respect to the Lilly Collaboration Patent Rights. The Executive Committee shall designated 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 Collabora...
