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) 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 of that Party's Patents claiming its Pre-existing Technologies.
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 the filing, prosecution and maintenance of all Patents claiming Product Inventions and shall bear all expenses associated therewith with respect to the Corixa Territory, to the extent that such expenses are not reimbursed by GSK Canada pursuant to Section 7.3(d).
(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.
(d) Subject to Sections 7.3(e) and 7.3(f), GSK Canada shall reimburse Corixa for the following percentages of expenses incurred by Corixa after the Effective Date with respect to the filing, prosecution and maintenance of Patents disclosing or claiming Corixa Intellectual Property Rights:
(i) [*] of the expenses incurred by Corixa for the filing and prosecution (solely to the extent that such prosecution is prior to the filing date of the related PCT application) of each United States patent application disclosing or claiming Corixa Intellectual Property Rights, provided that such application is intended to be used as the basis for a priority date for a PCT patent application claiming such Corixa Intellectual Property Rights;
(ii) [*] of the expenses incurred by Corixa for the filing and prosecution of each PCT patent application claiming Corixa Intellectual Property Rights;
(iii) [*] of the expenses incurred by Corixa after the Effective Date for the prosecution and maintenance of each Patent set forth on Exhibit A as of the Effective Date and all issued Patents arising therefrom; and
(iv) [*] of the expenses incurred by Corixa for the filing, prosecution and maintenance of (A) each Canadian patent application filed after the Effective Date and arising from the entry into the national phase in Canada of a PCT patent application claiming Corixa Intellectual Property Rights and (B) all issued Patents arising therefrom.
(e) If Corixa receives reimbursement from Third Parties or SB for expenses described in Section 7.3(d)(i) or 7.3(d)(ii) and the sum of such reimbursement plus the ------------------------------ * Confidential Treatment requested. Redacted
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. (a) Filing, Prosecution and Maintenance of Exelixis Prosecuted Patents.
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) 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) The JMT shall establish the patent strategy for all Joint Inventions arising from the Collaboration, taking into consideration Exelixis' good faith obligations to BMS and Third Parties relating to patent strategy for Targets and Model System Targets. [ * ] shall direct the filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of all Patents covering Target Inventions ("Target Patents"). Each Party shall direct the filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of all Patents covering its Sole Inventions. The JMT shall supervise, and shall assign, on a Joint Invention-by-Joint Invention basis, one Party to be responsible for, the filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of all Patents covering such Joint Invention consistent with such strategy. The JMT shall provide each Party with (i) drafts of any new patent application that covers a Joint Invention prior to filing that application, allowing adequate time for review and comment by the Party if possible; provided, however, the JMT shall not be obligated to delay the filing of any patent application; and
