Patent Prosecution and Maintenance Abandonment Sample Clauses
Patent Prosecution and Maintenance Abandonment. (a) Filing, Prosecution and Maintenance of Invention Patents Controlled by PDL.
(i) Subject to Section 9.3(a)(ii) below, PDL shall be responsible for the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of all Joint Invention Patents, Sole Invention Patents Controlled by PDL, and PDL Licensed Patents that in each case are co-exclusively or exclusively licensed to BMS under Section 7.1(a) (the “PDL Prosecuted Patents”), provided that such responsibilities shall be carried out by external patent counsel selected by PDL, or by PDL’s internal patent counsel in conjunction with external patent counsel selected by it, and provided further that, in each case, such external patent counsel shall be subject to BMS’ approval (such approval not to be unreasonably withheld). PDL, or its outside counsel, shall use commercially reasonable efforts to consult with and cooperate with BMS with respect to the filing, prosecution and maintenance of the PDL Prosecuted Patents, including providing BMS with drafts of material proposed filings to allow BMS a reasonable opportunity for review and comment before such filings are due (with such comments to be considered in good faith by PDL). PDL, or its outside counsel, shall provide to BMS copies of any material papers relating to the filing, prosecution and maintenance of the PDL Prosecuted Patents promptly upon their being filed and received. BMS’ rights under this Section 9.3(a) with respect to any PDL Prosecuted Patent licensed to PDL by a Third Party shall be subject to the rights of such Third Party to file, prosecute, and/or maintain such PDL Prosecuted Patent.
Patent Prosecution and Maintenance Abandonment. (a) Each Party shall retain control over and bear all expenses associated with the filing, prosecution and maintenance of all Patents claiming its Sole Other Inventions.
(b) Corixa shall retain control over and bear all expenses associated with the filing, prosecution and maintenance of all Patents claiming Product Inventions.
(c) The Parties' rights and obligations with respect to the filing, prosecution and maintenance of Joint Other Patents shall be decided on a case-by-case basis. * Confidential Treatment Requested
Patent Prosecution and Maintenance Abandonment. (a) Prosecution and Maintenance.
(i) Filing, Prosecution and Maintenance by Kythera. Within [***] ([***]) days after the Effective Date, Actelion will provide Kythera all files related to the preparation, filing, prosecution and maintenance (including any interferences, reissues, reexaminations and oppositions) of the Actelion Licensed Patents. Kythera will be responsible for the preparation, filing, prosecution and maintenance (including any interferences, reissues, reexaminations and oppositions) of all Actelion Licensed Patents that are exclusively licensed to Kythera under Section 6.1 and the Joint Invention Patents (collectively, the “Kythera Prosecuted Patents”), provided that such responsibilities may be carried out by external patent counsel or vendor selected by Kythera, or by Kythera internal patent counsel in conjunction with external patent counsel or vendor selected by Kythera (and, regarding payment of annuities and maintenance fees, Kythera may seek to maintain the current vendor relationship with the existing annuity service provider for the Actelion Licensed Patents); and, provided further, that: (1) Kythera will begin prosecuting the Actelion Licensed Patents (as indicated on Exhibit 1.2) within [***] ([***])] days of receiving the last of the files for the Actelion Licensed Patents; and (2) Kythera will begin maintenance of the Actelion Licensed Patents (as indicated on Exhibit 1.2) within [***] ([***]) days of receiving the last of the files for the Actelion Licensed Patents. Kythera, or its external counsel or vendor, will provide Actelion with a written update of the filing, prosecution and maintenance status (including payments of annuities and maintenance fees) for each of the Kythera Prosecuted Patents on a quarterly basis, and Kythera (or its external counsel) will provide Actelion with drafts of proposed filings and prosecution documents to permit Actelion a reasonable opportunity for review and comment before such filings or documents are due. Actelion will provide any comments at least [***] ([***]) days prior to the original response deadlines that are required for such filing (without regard to applicable extensions). In the absence of a response from Actelion, Kythera may submit such proposed filings or prosecution documents in keeping with the terms of this Agreement.
(ii) Patent Term Extension, Abandonment or Inadequate Maintenance by Kythera.
Patent Prosecution and Maintenance Abandonment. (a) PRE-EXISTING TECHNOLOGIES. Each Party shall retain control over and bear all expenses associated with the filing, prosecution and maintenance of all of that Party's Patents claiming its Pre-existing Technologies.
Patent Prosecution and Maintenance Abandonment. (a) Pre-existing, Sole and Improvement Inventions. Except as otherwise provided below in this Section 9.3, each Party shall retain control over and bear all expenses associated with the filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of all Patents claiming its Pre-existing Inventions, its Sole Inventions and those Improvement Inventions that it solely owns and shall have the sole right and absolute discretion to abandon same and to take all decisions with respect to filing, prosecution, maintenance and abandonment of same.
Patent Prosecution and Maintenance Abandonment. (a) Pre-existing Technologies. Each Party shall retain control over and bear all expenses associated with the filing, prosecution and maintenance of all Patents claiming its Pre-existing Technologies. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
Patent Prosecution and Maintenance Abandonment. Lynx shall remain responsible for patent prosecution and maintenance of Lynx Patents and shall bear all expenses associated therewith. In the event Lynx elects not to prosecute a Lynx Patent application filed or to abandon an issued Lynx Patent in a country in the Territory and licensed hereunder, Lynx shall notify Tanabe not less than 2 months before any relevant deadline and Tanabe shall have the right to pursue, at its expense and in its sole discretion, prosecution of such Patent application or maintenance of such issued Lynx Patent. In such event, Lynx shall promptly assign its rights therein to Tanabe.
Patent Prosecution and Maintenance Abandonment. (a) Filing, Prosecution and Maintenance of Exelixis Prosecuted Patents.
Patent Prosecution and Maintenance Abandonment. (a) Prosecution Prior to BMS’ Exercise of its Co-Development Option. Prior to BMS’ exercise of its Co-Development Option for a given Collaboration Program, Exelixis shall (1) prepare, file, prosecute and maintain (including conducting any interferences, reexaminations, reissues, oppositions, or requests for patent term extension relating thereto), all Exelixis Licensed Patents (other than Joint Patents) in [ * ] (the “Primary Prosecution Countries”), and (2) make a corresponding PCT filing (designating all countries) no later than twelve (12) months subsequent to initial filing, and a corresponding EPO application (designating all EPO countries/extension countries). no later than thirty (30) months subsequent to initial filing, [ * ]; provided that such responsibilities shall be [ * ], and provided further that, in each case, [ * ]. If BMS requests that Exelixis prepare, file, prosecute or maintain an Exelixis Licensed Patent in a country other than a Primary Prosecution Country, BMS shall [ * ] Exelixis in connection with preparing, filing, prosecuting or maintaining such Exelixis Licensed Patent in such non-Primary Prosecution Country. Exelixis shall: (i) keep [ * ] as to the status of filing, prosecution, maintenance and extension of such Exelixis Licensed Patents, such that there is reasonable time to review, comment upon and approve (as set forth in this Section 10.3(a)) any documents intended for submission to any patent office; (ii) furnish to [ * ] copies of documents relevant to any such filing, prosecution, maintenance and extension including copies of any Patent Office, foreign associate, and outside counsel correspondence; and (iii) reasonably [ * ] on documents filed with any patent office with respect to Exelixis Licensed Patent claims that Cover Collaboration Compounds or Products. For the purpose of this Section 10.3(a), such [ * ] shall only have the right to review any such documents provided by Exelixis if such [ * ] agrees in writing [ * ] or other structural information disclosed in such documents [ * ].
(b) Prosecution After BMS’ Exercise of its Co-Development Option.
Patent Prosecution and Maintenance Abandonment. (a) Filing, Prosecution and Maintenance of Exelixis Prosecuted Patents.
(i) Exelixis’ Right to File, Prosecute and Maintain [ * ]. Subject to the rest of this Section 9.3(a), Exelixis shall be responsible for the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of all [ * ], [ * ] and [ * ] (the “Exelixis Prosecuted Patents”), provided that such responsibilities shall be carried out by [ * ], or by [ * ] in conjunction with [ * ]. Exelixis, [ * ] shall provide Sanofi-Aventis with an update of the filing, prosecution and maintenance status for each of the Exelixis Prosecuted Patents on a periodic basis, and in any event not less than [ * ], and shall use commercially reasonable efforts to consult with and cooperate with Sanofi-Aventis with respect to the filing, prosecution and maintenance of the Exelixis Prosecuted Patents, including providing Sanofi-Aventis with drafts of proposed filings to allow Sanofi-Aventis a reasonable opportunity for review and comment before such filings are due. Exelixis, [ * ] shall provide to Sanofi-Aventis copies of any papers relating to the filing, prosecution and maintenance of the Exelixis Prosecuted Patents promptly upon their being filed and received.