Common use of Patent Procurement Costs Clause in Contracts

Patent Procurement Costs. (a) All Patent Procurement Costs related to Prosecuting Patent Rights hereunder shall be shared by the Parties as follows: (a) Patent Procurement Costs relating to the Prosecution of Genocea Patent Rights in the Territory shall be paid for by Genocea, (b) Patent Procurement Costs relating to the Prosecution of Joint Patent Rights in the Territory shall be borne equally by the Parties, and (c) Patent Procurement Costs relating to the Prosecution of Isconova Patent Rights in the Territory shall be borne by Isconova. This notwithstanding, should Isconova choose not to Prosecute Isconova Patent Rights and Genocea choose to Prosecute such Patent Rights as set forth in Section 7.1.1(d), then Genocea shall bear the costs related to such Prosecution, and Genocea may off-set its Procurement Costs related to such Patent Rights on a country-by-country basis from the royalty amounts attributable to the country in question that Genocea would otherwise owe Isconova hereunder. (b) Notwithstanding anything else in this Section 7.1.4, any Patent Procurement Costs owed by Isconova to any other Third Party licensor pursuant to an agreement executed by Isconova prior to the Effective Date shall be borne solely by Isconova.

Patent Procurement Costs. (a) All Patent Procurement Costs related to Prosecuting Patent Rights hereunder shall be shared by the Parties as follows: (a) Patent Procurement Costs relating to the Prosecution of Genocea Patent Rights in the Territory shall be paid for by Genocea, (b) Patent Procurement Costs relating to the Prosecution of Joint Patent Rights in the Territory shall be borne equally by the Parties, and (c) Patent Procurement Costs relating to the Prosecution of Isconova Patent Rights in the Territory shall be borne by Isconova. This notwithstanding, should Isconova choose not to Prosecute Isconova Patent Rights and Genocea choose to Prosecute such Patent Rights as set forth in Section 7.1.1(d), then Genocea shall bear the costs related to such Prosecution, and Genocea may off-set its Procurement Costs related to such Patent Rights on a country-by-country basis from the royalty amounts attributable to the country in question that Genocea would otherwise owe Isconova hereunder. (b) Notwithstanding anything else in this Section 7.1.4, any Patent Procurement Costs owed by Isconova to any other Third Party licensor pursuant to an agreement executed by Isconova prior to the Effective Date shall be borne solely by Isconova. 7.2 Enforcement of Patent Rights.