Patent Prosecution and Expenses. Unless the parties agree in writing otherwise, the filing, prosecution, defense and maintenance of all Patents for Joint Inventions will be conducted jointly in the name of both parties and controlled by them jointly, acting reasonably and in good faith.
Patent Prosecution and Expenses. Unless the parties agree in writing otherwise, the filing, prosecution, defense and maintenance of all Patents for Joint Inventions will be conducted jointly in the name of both parties and controlled by them jointly, acting reasonably and in good faith, with all associated costs shared equally. However, if one party desires to file, prosecute or maintain any Patents for a Joint Invention while the other party does not, the other party shall assign its ownership rights therein to the other party (in which case the Joint Invention will become a Sole Invention of the other party) in exchange for a fully paid, non-exclusive worldwide right and license (with “have made” rights but no sublicensing rights) under such Sole Invention and any associated Patents, after which the other party shall have no further obligation for cost sharing.
Patent Prosecution and Expenses. 11.1 Upon disclosure to COULTER of a Technology developed within the Division, patent counsex [*]:
(a) the feasibility and advisability of pursuing patent prosecution;
(b) the selection of patent counsel;
(c) appropriate patent strategies; and
(d) such other matters as may relate to protecting the intellectual property interests of COULTER and DFCI. Upon its agreement, COULTER shall [*]. Ix xxxx than all Fields of Use are electxx xxx license by COULTER, [*].
11.2 In the event that:
(a) [*],
(b) [*], and
(c) [*]; then [*]
11.3 Subject to the provisions of Section 11.4 hereof, patent expenses incurred by COULTER to protect a particular Technology [*] .
11.4 COULXXX xxxeby agrees that the [*] in expenses it has incurred, or wxxx xxxur, for patent prosecution to protect Technologies developed within the Division and licensed to COULTER pursuant to one or more of the Prior Agreements or this AGREXXXXX [*] COULTER shall provide to DFCI within [*] of the Effective Date hereox x xxxsonable synopsis of expenses incurred for securing patent protection related to such Technologies in order for the parties [*].
11.5 DFCI and its employees shall reasonably assist COULTER in the preparation, filing and prosecution of patent applicaxxxxx xrising under this AGREEMENT provided that [*]. Each party shall be entitled to promptly receive copies of all relevant documents related to patent -------------------------------------- * Confidential treatment requested prosecution and maintenance irrespective of which organization takes primary responsibility for such prosecution and maintenance.
11.6 To the extent that patentable inventions or discoveries from research licensed hereunder made prior to, during or subsequent to this AGREEMENT, are developed with partial funding from the federal government and/or other non-profit, non-commercial funding agencies, any contractual arrangements related to such inventions or discoveries between DFCI and COULTER shall be subject to the laws, regulations and written policixx xx xhe granting agency(ies). DFCI shall, from time to time, make copies of such laws, regulations and policies available to COULTER.
11.7 DFCI [*] DFCI further [*] DFCI will notify CXXXXXX [*].
Patent Prosecution and Expenses. Subject to its rights and obligations elsewhere set forth in this Section 6.07 and consistent with the timing requirements set forth in Section 6.03(c) hereof, LIGAND shall reimburse FOUNDATION and/or SRI for such reasonable patent filing, prosecution, and maintenance costs, including costs on a per hour basis for time spent by inventors and staff who cooperate in such activities at the request of the responsible attorney acting for FOUNDATION and/or SRI, as shall be incurred on each Licensed Patent during the term of such license. In this regard, FOUNDATION and/or SRI may continue to use the patent attorneys or agents being used by them at the time LIGAND exercises its option or such other qualified independent patent attorneys or agents reasonably satisfactory to FOUNDATION and or SRI and LIGAND to file, prosecute and maintain Licensed Patents; provided, however, that in the case where a LIGAND or JV or ALRT owned patent or patent application or that of a LIGAND or JV or ALRT licensor other than FOUNDATION and/or SRI ("the Ligand Application") claims the same or substantially the same invention as that covered by the application within the Licensed Patents (the "Foundation/SRI Application"), and the Foundation/SRI Application has a later effective filing date in the United States, then LIGAND shall have no obligation to reimburse costs incurred in the prosecution of the Foundation/SRI Application, unless and until it is finally determined that the Foundation/SRI Application has priority over the Ligand Application in an inter partes proceeding as provided in Title 35 of the United States Code or in an informal proceeding as provided in this Section 6.07. After LIGAND has exercised its option: (i) FOUNDATION and/or SRI may elect to have such attorney xxxx LIGAND directly for such expenses; (ii) at LIGAND's request and expense, such attorneys or agents shall regularly meet and/or consult with LIGAND and/or its designated officers and counsel to keep them advised of the status of patent matters in the normal course;
Patent Prosecution and Expenses. 8.1 Forty Five Thousand dollars ($45,000) of the past costs associated with filing, prosecuting, renewing, and maintaining the Licensed Patent Rights, including attorney’s fees and costs incurred during the Term of this Agreement shall be reimbursed to MMC by Licensee. These patent reimbursement costs shall be reimbursed as follows: Fifteen thousand dollars ($15,000) within 30 days of the Effective Date, Fifteen thousand dollars ($15,000) on the first anniversary of the Effective Date, and Fifteen thousand dollars ($15,000) on the second anniversary of the Effective Date. However, if the license of any patent application or patent of the Licensed Patent Rights shall be converted to a non-exclusive license under the provisions of Section 4, then Licensee shall have the obligation to reimburse any costs on a pro rata basis with any other licensee(s) for such non-exclusively Licensed Patent Rights when such costs occur after that conversion of the license.
8.2 MMC shall give Licensee notice of status regarding patent prosecution and strategy related thereto, and MMC shall also give Licensee reasonable opportunity to advise MMC regarding such patent prosecution strategy and decisions regarding the Licensed Patent Rights under this Agreement. The parties shall cooperate with each other in the filing, prosecution and maintenance activities.
Patent Prosecution and Expenses. Within thirty (30) days of receipt by University's Office of Economic Innovation & Partnerships of an invention disclosure pertaining to inventions made during the conduct of this research by University employees, University will inform Company of any potentially patentable inventions arising out of research performed under this Agreement. Title to any invention or discovery conceived or reduced to practice solely by University personnel in the performance of this research shall remain with University provided, however, that University shall grant to Company an option for a royalty-bearing, worldwide, exclusive or nonexclusive license limited to the field of research set forth in Attachment 1 to be exercised and the license to be negotiated in good faith within three (3) months of disclosure of each respective invention to make, have made, use, sell, and import the products based on such invention or discovery for the term of any patent thereon. The royalty rate shall take into consideration the intellectual contribution of each party to the conception and reduction to practice (not to include product development efforts and costs) of invention(s) created and licensed under this Agreement, the proprietary position provided, and the profit potential where payments shall be based on the net sales of product. Title to any invention or discovery conceived or reduced to practice solely by Company personnel in the performance of this research shall remain with Company. Inventions conceived or reduced to practice hereunder by University personnel jointly with employees of Company shall be jointly owned. If Company considers any of the information and ideas arising out of the research program to warrant patent protection thereon, University will upon written request by Company procure and maintain such patent protection in the U.S. and in such foreign countries as Company may designate. Company shall provide University with a written response within thirty (30) days of Company's receipt of the invention disclosure. COMPANY will reimburse University for its out-of-pocket expenses associated with the procurement and maintenance of such patent rights. While University shall be responsible for making decisions regarding the scope and content of applications to be filed and prosecution thereof, Company shall be provided with a copy of each draft of each patent application hereinunder, copies of all documents filed, and copies of all correspondence relating to the prose...
Patent Prosecution and Expenses. Praecis shall have the right, at its expense, to control the preparing, filing, prosecuting and maintaining of the Praecis Patents in the Territory, and the conducting of any interferences, re-examinations, reissues, oppositions or requests for Patent term extensions relating to the Praecis Patents. If Praecis determines in its sole discretion to abandon or not maintain any Praecis Patents in the Territory, then Praecis, to the extent it may do so, shall use commercially reasonable efforts to provide Schering with at least sixty (60) days’ prior written notice of such determination. In such event, Schering shall have the right, at its option (except with respect to unpublished Patent applications, in which case such right is only upon the prior written consent of Praecis, granted at Praecis’ sole discretion) to control the filing, prosecution and/or maintenance of any such Patent at its own expense, in Praecis’ name. Notwithstanding the foregoing, if the SC agrees that failure to obtain or maintain such Patent protection would have a material adverse impact on the Development or Commercialization of the Product in the Territory, Schering shall have the right to credit against amounts due to Praecis hereunder all out-of-pocket costs incurred by Schering in connection with the such filing, prosecution and maintenance of the Praecis Patents pursuant to this Section 13.6. All Patent Expenses with respect to Praecis Patents incurred by Praecis, and by Schering to the extent provided in this Section 13.6, shall be borne by Praecis.
Patent Prosecution and Expenses. Joint filing of patent applications by both UNIVERSITY and ____ in order to protect Joint Inventions shall be done on a case-to-case basis and will be subject to a separate memorandum of agreement.
Patent Prosecution and Expenses. The filing, prosecution, defense and maintenance of all Patents for Joint Inventions will be conducted jointly in the name of both Parties and controlled by them jointly, acting reasonably and in good faith. The detail terms and conditions shall be separately discussed and determined between the Parties. 特許の審査及び費用。共同発明に係る全ての特許の出願、審査、防御及び維持管理は、両当事者の名において、合理的かつ誠実な行動により、共同で実施され、共同で管理されるものとする。詳細な条件は、両当事者が別途協議の上決定するものとする。 Licensing. Each Party reserves the right to license its Sole Inventions The detailed terms and conditions for licensing of Joint Inventions shall be separately discussed and determined at the time of filing. 実施許諾。各当事者は、自己の単独発明の実施を許諾する権利を留保する。共同発明の実施許諾の詳細な条件は、出願時に別途協議の上決定するものとする。
Patent Prosecution and Expenses. Collaborator will be solely responsible for the filing, prosecution, defense and maintenance of all patents, and for surveying any existing patents.
