Patent Maintenance and Reimbursement. DREXEL retains control over the prosecution and maintenance of Patent Rights. Notwithstanding the foregoing, DREXEL shall obtain LICENSEE’s consent prior to filing any additional patent application(s) in any country not identified on Attachment 1. LICENSEE shall reimburse DREXEL for all reasonable documented attorneys fees, expenses, official fees and other charges incident to the preparation, prosecution and maintenance of Patent Rights within thirty (30) days after LICENSEE’s receipt from time to time of invoices for such fees, expenses and charges. DREXEL shall seek reasonable claims to protect the Patent Rights consistent with DREXEL’s overall patent strategy. DREXEL’s patent counsel shall keep LICENSEE advised as to the status of the Patent Rights by providing LICENSEE, in a timely manner at least thirty (30) days prior to their due date, with copies of all official documents and correspondence relating to the filing, prosecution, maintenance, and validity of the Patent Rights. LICENSEE shall have fifteen (15) calendar days to review and comment on patent-related documents prior to the filing of such documents and correspondence. DREXEL shall not abandon prosecution of any patent application or maintenance of any patent with the Patent Rights without first notifying LICENSEE sixty (60) days prior to any bar date, of DREXEL’s intention and reasons therefore, and providing LICENSEE with reasonable opportunity to assume responsibility for prosecution and maintenance of such patents and patent applications. However, with respect to the issued patents, DREXEL’S patent counsel will send invoices directly to LICENSEE for patent fees and taxes related to maintenance of such patents, with copies to DREXEL, at least 60 days prior to a deadline. LICENSEE shall pay such invoices directly to such patent counsel at least 30 days prior to the deadline, with a copy of correspondence and payment to DREXEL.
Patent Maintenance and Reimbursement. 6.1 Subject to this Article 6, PENN controls the prosecution and maintenance of PENN PATENT RIGHTS. COMPANY must reimburse PENN for all documented attorneys fees, expenses, official fees and other charges incurred after the EFFECTIVE DATE of the option and incident to the preparation, prosecution maintenance and licensing of PENN PATENT RIGHTS. COMPANY's obligation to reimburse such costs shall commence as of the date COMPANY closes an initial [ * ] or greater financing round; reimbursements shall be paid within thirty (30) days after COMPANY’S receipt of invoices for such fees, expenses and charges
Patent Maintenance and Reimbursement. 7.1 Penn shall control and diligently prosecute and maintain Penn Patent Rights. Penn and Targeted shall decide upon a mutually agreeable choice of patent counsel and a mutually agreeable budget for and course of prosecution, and Targeted shall be copied on all substantive correspondence regarding such Penn Patent Rights. The parties acknowledge that neither of them currently has an intention to terminate or substantially reduce the scope of the engagement of the patent counsel used for such purposes by Penn prior to and as of the Effective Date. Subject to Sections 7.2 and 7.3, Targeted shall pay, or shall reimburse Penn within sixty (60) days of receipt of invoice for, all documented third party attorneys’ fees, expenses, official fees and other charges incident to the preparation, prosecution, licensing and maintenance of Penn Patent Rights, including interferences, oppositions, etc. brought or defended in accordance with the mutually agreed budget for and course of prosecution. Penn shall provide Targeted with itemized statements reflecting these expenses quarterly. In the event that Penn should decide not to file, prosecute or maintain applications and patents for such Penn Patent Rights, Targeted shall have the opportunity to do so at Targeted’s sole expense.
Patent Maintenance and Reimbursement. 6.1 PENN shall control, with input from ADEZA, the prosecution and maintenance of PENN PATENT RIGHTS. PENN's Patent Counsel shall be selected and agreed upon to the satisfaction of PENN and ADEZA. ADEZA shall be permitted to communicate directly with PENN's Patent Counsel to maintain and prosecute the PENN PATENT RIGHTS provided that ADEZA, PENN, and PENN's Patent Counsel shall copy one another on all correspondence and documents pertaining to the PENN PATENT RIGHTS within the FIELD and THE SYMBOL [***] IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTION. CONFIDENTIAL TREATMENT REQUESTED shall not file any document pertaining to the PENN PATENT RIGHTS within the FIELD with the U.S. or any other country patent office without PENN's prior review and approval.
Patent Maintenance and Reimbursement. 9.1 So long as Licensee is current with its obligations to pay patent costs and provided that Licensee has not transferred counsel as provided in this Section 9.1, Licensor shall be responsible, in accordance with its customary patent prosecution practices, for preparing, filing, prosecuting and maintaining the Patent Rights licensed hereunder, using counsel of its choice. At any time Licensee may transfer counsel from that selected by Licensor to another acceptable to both parties and assume all further actions. Licensor’s counsel shall take instructions only from Licensor. Licensee’s counsel shall take instructions only from Licensee. Licensor shall keep Licensee informed and apprised of the continuing prosecution of Patent Rights while it is responsible for prosecuting the Patent Rights licensed hereunder and shall seek reasonable advance consultation from Licensee and will in good faith consider accepting Licensee’s advice. Licensor will copy Licensee on all correspondence with the patent office related to the Patent Rights. Licensee agrees to keep patent prosecution documentation and correspondence confidential in accordance with Article 7. If counsel is transferred to counsel chosen by Licensee with Licensor’s written approval, Licensee shall keep Licensor informed and appraised of the continuing prosecution of Patent Rights and shall seek reasonable advance consultation from Licensor and will in good faith consider accepting Licensor’s advice. Licensee will copy Licensor on all correspondence with the patent office related to the Patent Rights while it is responsible for prosecuting the Patent Rights licensed hereunder. Licensor agrees to keep patent prosecution documentation and correspondence confidential.
Patent Maintenance and Reimbursement. Drexel will control, prosecute and maintain the Patent Rights during the Term. Company will reimburse Drexel for all documented attorneys fees, expenses, official fees and all other charges incurred during the Term that are incident to the preparation, filing, prosecution and maintenance of the Patent Rights. .
Patent Maintenance and Reimbursement. 6.1 PENN shall control and diligently prosecute and maintain PENN PATENT RIGHTS provide LICENSEE shall promptly reimburse PENN for all the attorneys fees, expenses, official fees and other charges incident to the preparation, prosecution and maintenance of PENN PATENT RIGHTS, as documented in the memorandum of October 15, 1993 from Xxxxxxx Xxxxxx to Xxxxx Xxxxxx, attached hereto as Exhibit 1. PENN shall provide LICENSEE with itemized statements reflecting these expenses LICENSEE shall reimburse PENN for such past expenses according to the following schedule: Date of Payment Amount of Payment --------------- ----------------- Within 90 Days of the EFFECTIVE DATE One-quarter (1/4) of accrued expenses; Upon the 1st Anniversary of This One-quarter (1/4) of accrued expenses; Agreement Upon the 2nd Anniversary of This One-half (1/2) of accrued expenses. Anniversary LICENSEE shall also promptly reimburse PENN for all documented attorneys fees, expenses, official fees and other charges incident to the preparation, prosecution and maintenance of PENN PATENT RIGHTS incurred subsequent to the EFFECTIVE DATE of this Agreement; provided, however, that PENN will file patent applications on technology only after receipt of notice from LICENSEE that such technology should become should become part of the PENN PATENT RIGHTS.
Patent Maintenance and Reimbursement. IMCOR shall control and pay costs of and diligently prosecute and maintain Patent Rights licensed hereunder. IMCOR may by written notice elect to stop paying for the preparation and maintenance of Patent Rights pertaining to Licensed Product(s) in the Territory in which event, KYOSEI may assume the obligation of maintaining for its own benefit any such patent or patent application. When KYOSEI assumes the obligation of maintaining a patent or patent application under this section, KYOSEI’s license hereunder in such country shall terminate, except where IMCOR’s decision to stop paying is based on a good faith determination as indicated by patent counsel of unpatentability in such country, with timely notice of such determination to IMCOR.
Patent Maintenance and Reimbursement. 10.1 INO shall solely control, prosecute and maintain the INO PATENT RIGHTS during the term of this AGREEMENT at INO’s expense.
Patent Maintenance and Reimbursement. 6.1 PENN shall control and diligently prosecute and maintain PENN PATENT RIGHTS provided APOLLON shall promptly reimburse PENN for [ ] documented attorneys' fees, expenses, official fees and other charges incident to the preparation, prosecution and maintenance of PENN PATENT RIGHTS. PENN shall provide APOLLON with itemized statements reflecting these expenses and APOLLON shall reimburse PENN for such expenses within thirty (30) days after receipt of such statement. [ ] such reimbursements will be [ ] creditable against royalties due pursuant to ARTICLE 3 hereof on a country by country basis; provided, however, that if APOLLON negotiates a license with License Agreement (I)--Apollon/Penn 2 December 1994 version WISTAR, wherein [ ] of such fees, expenses, and charges are creditable against royalties due WISTAR, such fees, expenses and charges will be [ ] creditable against royalties due PENN; but in no event shall any royalty payment to PENN at any time be reduced by more than [ ], on an individual basis for each patent application and associated issued patent.
