Patent Management. 3.2.1 The Party owning the Invention shall be responsible for the preparation, filing, prosecution, and maintenance (the "Patent Management") of a Patent (the "Filing Party"), subject to the provisions of Section 3.2.2.
3.2.2 ATUGEN, at its expense, shall take any and all actions necessary with respect to the Patent Management of Patents, for any ATUGEN Inventions discovered or identified as a result of any TVD program. RIBOZYME shall take any and all actions necessary with respect to the Patent Management of Patents for all other Inventions arising out of or in connection with this Agreement including Patents claiming Nucleic Acid Molecules or Delivery Reagents discovered or identified other than as a result of a TVD program. ATUGEN has the right to pursue prosecution of those New Inventions or Joint Inventions, which RIBOZYME chooses not to pursue, at ATUGEN's expense, and RIBOZYME has the right to pursue prosecution of those ATUGEN Inventions, which ATUGEN chooses not to pursue, at RIBOZYME's expense.
3.2.3 Each Party agrees to cooperate fully in the Patent Management of any Patent Rights under this Agreement. Such cooperation includes, but is not limited to: (i) turning over to the Filing Party all files, papers and documents relating to such Patent; (ii) executing all papers and instruments, or requiring its employees or agents, to execute such [*] Confidential treatment requested papers and instruments, so as to effectuate the ownership of Patent Rights as set forth herein and to enable the other Party to apply for and to prosecute Applications in any country; and (iii) promptly informing the other Party of any matters coming to such Party's attention that may affect the Patent Management of any such Application. Each Party will notify the other Party promptly of any New Inventions developed solely or jointly by the Parties.
3.2.4 ATUGEN shall pay to RIBOZYME all expenses, including the attorneys' fees, relating to the prosecution, maintenance, defense and enforcement of Licensed Technology ("Patent Expense") according to the following schedule:
(1) [*] (2) [*] (3) [*]
3.2.5 The categories of Licensed Technology set forth in the foregoing section 3.
Patent Management. LICENSEE will have the first right and responsibility for preparing, filing, prosecuting and maintaining all Licensed Patent Rights, including defending them against all challenges to their validity or patentability as further described below and subject to Section
Patent Management. (a) CSIRO shall be solely responsible for the prosecution and maintenance of all of the Patents and Patent Applications. CSIRO’s unfettered right to conduct the prosecution, maintenance and management of the Patents and Patent Applications shall include the following:
(i) the right to appoint, remove and instruct patent attorneys;
(ii) the right to draft or procure the drafting of patent specifications;
(iii) the right to prepare or procure the filing of patent applications;
(iv) the right to conduct or procure the conduct of patent prosecutions;
(v) the right to conduct or procure the conduct of opposition proceedings and to defend opposition proceedings;
(vi) the right to abandon all or part of any claim or part of a specification, or to amend any claim of any of the patents or patent applications comprised in the Patents and Patent Applications; and
(vii) the right to have Benitec Australia sign within 10 Business Days upon request any form or document reasonably necessary to conduct the prosecution, maintenance and management of the Patents and Patent Applications; Licence Agreement 20 April 0000 00 and Benitec Australia must provide all reasonable assistance to CSIRO’s taking of such action.
(b) Subject to Benitec Australia’s compliance with the terms of this agreement, CSIRO will use reasonable endeavours to acquire and maintain the broadest patent protection reasonably practicable for the inventions claimed in the Relevant Patents, in the jurisdictions in which the Relevant Patents have been filed, for the longest term reasonably practicable.
Patent Management. 7.1 CBI shall retain ownership of all Patents that CBI owns on the Effective Date and CBI shall continue prosecution of all patent applications related to the Licensed Products that are pending as of the Effective Date and shall pay all costs associated therewith. CBI shall inform Prism of any actions regarding the prosecution of all such patent applications. Prism shall be permitted to provide input into and suggestions for the prosecution of such patent applications.
7.2 While CBI shall retain ownership of the Patents, as of the Effective Date, and except as may be provided for to the contrary in Section 8 of this Agreement, Prism shall assume full responsibility for and pay all fees and expenses associated with the prosecution of any then-pending patent applications comprising the Patents and the maintenance of all Patents that have issued or do issue based on such applications. Prism may determine in its sole discretion whether it desires to maintain the Patents in any jurisdiction, except that Prism shall not permit any of the Patents to expire or lapse in any jurisdiction without CBI’s express prior written consent, which shall not be unreasonably withheld. Prism shall give CBI prior written notice, at least thirty (30) days prior to the day on which action is required to maintain a patent or a patent application (clearly specifying the action that must be taken and the date by which it must be taken), of its intention not to maintain any such Patent or not to pursue such patent application pending as of the Effective Date, whereupon CBI shall have the option to assume control of the prosecution or maintenance, as the case may be, of such Patent at CBI’s sole expense. If CBI thereafter desires to elect not to prosecute or maintain such Patent, it shall similarly give Prism at least thirty (30) days prior written notice of its decision, whereupon Prism shall have the option, by giving prompt written notice to CBI, to take an assignment, for no additional consideration, of such Patent and assume sole responsibility therefore. Assignment of such Patent, however, shall not relieve Prism of its obligations to pay Royalties on Net Sales of Licensed Products covered by a valid and unexpired claims of such Patent incurred prior to the date of such assignment.
7.3 Prism shall have the sole and absolute discretion and responsibility with respect to any determination to secure patents and patent prosecution and maintenance for any intellectual property invented...
Patent Management. The President of each Component, or any person designated by him, is authorized to negotiate with reputable agencies or firms to secure for each Component arrangements for the management of inventions and discoveries in which the Component decides to assert and exploit its ownership interest.
(12)1 Such management may include, but is not limited to, competent evaluation of invention and discovery disclosures, expeditious filing of applications for patents, and licensing and administration of patents.
(12)2 A Component is authorized to administer its own patent management and licensing program without the use of a patent management agent, if it determines that such arrangement may better serve Component and public interests.
Patent Management. Reata shall have the sole right, but not the obligation, to (a) prepare, file, prosecute, and maintain, (b) apply for patent term extensions and supplementary protection certificates for Licensed Products with respect to, (c) prosecute any infringement with respect to, and (d) defend and control the defense of the validity and enforceability of, in each case ((a) - (d)), the AbbVie Patents and Reata Patents worldwide, at Reata’s sole cost and expense. As between the Parties, any recovery realized as a result of litigation with respect to the infringement of an AbbVie Patent or Reata Patent (whether by way of settlement or otherwise) will be retained by Reata and to the extent such recovery is attributable to lost sales or profits of one or more Royalty Products, included in Net Sales and subject to the royalty payment obligations set forth in Section 5.2.
Patent Management. 9.1 The Subsidiary shall, for the purpose of fully effectuating the matters set forth in this Agreement, maintain an office of Patent management or a patent committee and designate a person responsible for the business of such management.
9.2 For the purpose of fully effectuating the management system set out in the preceding paragraph, the Subsidiary shall establish and implement corporate rules concerning, inter alia the following matters.
9.2.1 administration regarding inventorship, including, inter alia, transfer of title to Inventions, recording and reporting;
9.2.2 lodging of report on Inventions;
Patent Management. 3.1.1 On behalf of the PARTIES, the COMPANY is entrusted with the management of the PATENTS referred to in this AGREEMENT. The COMPANY thus becomes PATENT MANAGER. For the proper execution of the assignments entrusted to the PATENT MANAGER and in the common interest of the joint owners, the PARTIES undertake to provide the PATENT MANAGER, within the expected time-frame, with all the technical or administrative elements required or with the signatures it may need for the filing, maintenance or defense of the PATENTS and to offer their technical and scientific assistance in all PATENT-related procedures. Should the COMPANY no longer wish to be PATENT MANAGER, it must notify this decision to the other PARTIES at least one (1) month prior to the earliest deadline in the procedures initiated in connection with one of the Industrial Property PATENTS in order for the other PARTIES to be able to take on the role of PATENT MANAGER, if they wish so. Generally, the PATENT MANAGER will notify systematically and as early as possible the other PARTIES of the ongoing proceedings, filing deadlines and formal notifications. The PARTIES, at the initiative of the PATENT MANAGER, will consult with each other on matters regarding the procedures to follow for the PATENTS and undertake to provide each other with a copy of any document related to the said procedures, early enough to enable them to submit their comments to each other before the deadline. In the absence of a reply within 15 (fifteen) days from the receipt of the documents by the other PARTIES, it will be assumed that they approved the proposal of the PATENT MANAGER.
3.1.2 Should one of the PARTIES: • decide to abandon one of the PATENTS or • choose not to participate in the renewal or to continue the procedure in a specific country, they will notify in writing the other PARTIES and they will assign to them the PATENT rights in question. If, upon receipt of a xxxx, the COMPANY refuses to continue to pay its share in the PROCEDURAL FEES, it shall notify the other PARTIES in writing and it will assign to them the PATENT rights in question. For the assigning PARTIES, the effective date of this abandonment is the date on which they will have received the abandonment notification. The COMPANY undertakes to provide all the signatures and documents required for the continuation of the procedure by the other assigning PARTIES.
3.1.3 In the countries in which the COMPANY has the quality of PATENT MANAGER, all PROCEDURAL FEES...
Patent Management. Capricor shall be responsible for maintaining and managing its patents that cover the sale of the Product in the Territory at Capricor’s expense and responsibility. For the avoidance of doubt, even if Capricor pays royalties or license fees to any third party in connection with the sale of Products in the Territory, Distributor shall have no responsibility for the payment of any such royalties or license fees. Distributor shall promptly notify Capricor if it learns of any use by any third party of the use of Capricor’s patents which may constitute an infringement thereof. Capricor shall have the right in its sole discretion to institute any proceedings against such third party infringers. Distributor agrees to cooperate fully with Capricor in any action taken by Capricor against such third parties, provided that all expenses of such action shall be borne by Capricor and all damages which may be awarded or agreed upon in settlement of such action shall accrue to Capricor.
Patent Management. The Parties agree to exercise their respective rights to manage the filing, prosecution and maintenance of Patent Rights under this Agreement in a manner, insofar as reasonably possible, that maximizes the value of such Patent Rights within the Field.
