PATENT PROSECUTION AND PROTECTION. 3.1 The IC shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution shall be granted Power of Attorney for all such patent applications. The IC shall consult with the Institution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights.
3.2 The IC shall make an election with respect to foreign filing, upon consultation with the Institution. If any foreign patent applications are filed, the IC shall promptly provide to the Institution all serial numbers and filing dates. The IC also shall provide to the Institution copies of foreign patent applications and Patent Office actions. The IC shall consult with the Institution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights.
3.3 The IC shall promptly record assignments of domestic patent rights in the United States Patent and Trademark Office and shall promptly provide the Institution with a photocopy of each recorded Assignment(s) to the Institution.
3.4 Notwithstanding any other provision of this Agreement, the IC shall not abandon the prosecution of any patent application, including provisional patent applications (except for purposes of filing continuation application(s)) or the maintenance of any patent contemplated by this Agreement, without prior written notice to the Institution. Upon receiving the written notice, the Institution may, at its sole option and expense, take over the prosecution of any patent application, or the maintenance of any patent.
3.5 The IC shall promptly provide to the Institution copies of all patents issued which are subject to this Agreement.
3.6 In the event that the IC anticipates the possibility of any extraordinary expenditures arising from the preparation, filing, prosecution, licensing, or defense of any patent application or patent contemplated by this Agreement, including, without limitation, interferences, reexaminations, reissues and oppositions, the IC shall provide the Institution with all relevant information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the Institution. The IC and the Institution shall agree on a mutually acceptable cour...
PATENT PROSECUTION AND PROTECTION. 4.1 The PARTIES are equal owners of INVENTION.
4.2 The PARTIES will jointly select and approve outside counsel prior to incurring any PATENT EXPENSES.
4.3 The PARTIES will each use their best efforts to ensure that JOINT INVENTORS fully cooperate in the preparation, filing, prosecution and maintenance of PATENT RIGHTS.
4.4 UNIVERSITY is responsible for preparing, filing, prosecuting, defending, and maintaining PATENT RIGHTS made in the name of both PARTIES and will consult with and keep XXXX fully informed of PATENT RIGHTS status. UNIVERSITY will copy XXXX on all patent related communications, including, but not limited to, patent applications, office actions, and responses. The PARTIES each have the right to review and comment upon the wording of specifications, claims, and responses to office actions prior to their submission to the appropriate patent office. PATENT RIGHTS will not be abandoned without the written consent of both PARTIES. If UNIVERSITY anticipates extraordinary PATENT EXPENSES arising from the preparation, filing, prosecution, maintenance or defense of any patent application or patent contemplated by this AGREEMENT, then UNIVERSITY will provide XXXX with full details and together the PARTIES will determine a mutually acceptable course of action prior to incurring such expenditures.
4.5 Either PARTY may, upon reasonable written notice to the other PARTY, discontinue paying its portion of the PATENT EXPENSES associated with any particular patent application or patent within any national jurisdiction (Discontinuting PARTY). The Continuing PARTY may continue to pay PATENT EXPENSES and in so doing will own all right, title and interest in and to that patent application or patent within such national jurisdiction. The Discontinuing PARTY will have no further rights in and to that particular patent application or patent within such national jurisdiction and will execute any assignments necessary to transfer full title to the Continuing PARTY.
PATENT PROSECUTION AND PROTECTION. 2.1 Caltech may file patent applications covering the Patent Rights and will provide to The University of Chicago all serial numbers and filing dates, together with copies of all the applications, including copies of all office actions, responses and all other communications from the U.S. Patent and Trademark Office.
2.2 Caltech will, after consulting with The University of Chicago, and if necessary after consulting with Licensee, make an election whether, when, and in which countries, it wishes to file foreign patent applications. Caltech will notify The University of Chicago in writing, of its election regarding foreign filing. If foreign patent applications are filed, Caltech will provide to The University of Chicago copies of foreign patent applications and patent office actions as The University of Chicago may request in the course of prosecution.
2.3 Caltech will record assignments of domestic Patent Rights in the United States Patent and Trademark Office and will provide The University of Chicago with a photocopy of each recorded assignment. The University of Chicago inventors will assign to The University of Chicago and Caltech inventors will assign to Caltech.
2.4 Notwithstanding any other provision of this Agreement, Caltech will not abandon the prosecution of any patent application (except for purposes of filing continuation applications) or the maintenance of any Patent Rights without prior written notice to The University of Chicago in which case The University of Chicago may assume responsibility of the same.
2.5 Caltech will promptly provide The University of Chicago with copies of all patents issued under Patent Rights. PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS.
2.6 Caltech will invoice The University of Chicago for reimbursement of one-third of the unreimbursed costs of filing and prosecuting Patent Rights during the term of this Agreement, or, in the event a Licensee is to pay for Patent Prosecution, Caltech will invoice the Licensee for all the costs of filing and prosecution Patent Rights. Invoices of costs will be due 60 days from receipt.
PATENT PROSECUTION AND PROTECTION. 2.1 EMORY shall direct the filing, prosecution and maintenance of all patent applications and patents under the PATENT RIGHTS. EMORY shall prepare and file appropriate United States and foreign country patent applications covering the INVENTIONS and shall provide to INSTITUTION all serial numbers and filing dates, together with copies of all the applications, including copies of all patent prosecution actions, responses and other communications. As reasonable under the circumstances and relevant deadlines, EMORY will give INSTITUTION an opportunity to comment during all such patent prosecutions.
2.2 If foreign patent application filings are contemplated after the Effective Date, EMORY shall, after consulting with INSTITUTION and within two (2) months in advance of any deadline to file foreign patent applications (PCT or national stage applications), make an election whether, when, and in what countries, it wishes to file foreign patent applications. EMORY shall notify INSTITUTION, in writing, of its election regarding foreign filing. If foreign applications are filed, EMORY shall provide to INSTITUTION all serial numbers and filing dates. EMORY also shall provide to INSTITUTION copies of foreign patent applications and patent office actions as INSTITUTION may request in the course of prosecution.
2.3 EMORY shall bear "[insert number]" percent ("[insert number]" %) and INSTITUTION shall bear "[insert number]" percent ("[insert number]" %) of the costs for filing, prosecution, maintenance and enforcement of the PATENT RIGHTS. If EMORY anticipates the possibility of any extraordinary costs, EMORY shall provide INSTITUTION with full particulars and shall discuss with INSTITUTION a mutually acceptable course of action prior to incurring such expenditures. If LICENSEE(s) agrees to pay for any portion of costs for PATENT RIGHTS, EMORY shall be responsible for "[insert number]" percent ("[insert number]" %) and INSTITUTION shall be responsible for "[insert number]" percent ("[insert number]" %) of costs not reimbursed by licensee(s). Costs paid by the parties and specifically reimbursed later by a LICENSEE shall be split between the parties using the same percentage as previously specified in this Paragraph 2.3- "[insert number]" percent ("[insert number]" %) to EMORY and "[insert number]" percent ("[insert number]" %) to INSTITUTION. INSTITUTION shall reimburse EMORY for its share of all costs within thirty (30) days of receipt of an invoice from EMORY and copies...
PATENT PROSECUTION AND PROTECTION. 4.1 UNIVERSITY grants to FAU the exclusive right to file, prosecute and maintain the Patent Rights. During the life of this Agreement, neither party will assign its undivided interest in the Patent Rights.
4.2 UNIVERSITY and FAU will use all reasonable efforts to cooperate with each other with respect to the filing, prosecuting, maintaining, and enforcing the Patent Rights, and with respect to the licensing and execution of assignments of the Patent Rights contemplated under this Agreement.
4.3 If FAU incurs any costs and charges that are not reimbursed by a Licensee(s) in filing, prosecuting, maintaining, and enforcing the Patent Rights in the United States and in any foreign country, then UNIVERSITY will reimburse FAU for fifty percent (50%) of these costs and charges. UNIVERSITY will reimburse FAU for UNIVERSITY’s share of these costs and charges within 30 days following receipt of an itemized invoice from FAU. At its sole discretion, FAU may pay these costs and charges from Income received by FAU and deduct UNIVERSITY’s share of such payments of costs and charges from the Net Revenues that are otherwise payable to UNIVERSITY.
PATENT PROSECUTION AND PROTECTION shall promptly prepare and file appropriate United States patent applications covering the Invention and shall promptly provide to DFCI all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office Actions, responses and all other Patent Office communications.
PATENT PROSECUTION AND PROTECTION. 2.1 INDIVIDUAL shall promptly provide to UCSD all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office Actions, responses and all other Patent Office communications.
2.2 INDIVIDUAL shall promptly record Assignments of domestic Patent Rights in the United States Patent and Trademark Office and shall provide UCSD with a photocopy of each recorded Assignment.
2.3 Notwithstanding any other provision of this Agreement, INDIVIDUAL shall not abandon the prosecution of any patent application (except for purposes of provisional conversion, filing continuation or continuation-in-part applications) or the maintenance of any Patent Rights without prior written notice to UCSD.
2.4 INDIVIDUAL shall promptly provide to UCSD copies of all patents issued under Patent Rights.
PATENT PROSECUTION AND PROTECTION. The Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the NIH all serial numbers and filing dates, together with copies of all these applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution, shall file with Patent Offices, a Power of Attorney, that names both the Institution and the NIH. This Power of Attorney shall be filed with every Patent Office involved in prosecuting all patent applications pertaining to Patent Rights. The Institution shall consult with the NIH, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights.
PATENT PROSECUTION AND PROTECTION. 3.1 The LEAD PARTY for each INVENTION shall, through its counsel, prepare and file one or more patent applications covering the INVENTION in appropriate countries. The LEAD PARTY shall reasonably consult with the OTHER PARTY prior to filing applications and shall notify the OTHER PARTY of its election regarding the same.
3.2 The LEAD PARTY shall provide to the OTHER PARTY all serial numbers and filing dates, as well as copies of all applications, patent office actions, responses, and other patent office
PATENT PROSECUTION AND PROTECTION. 2.1 MAYO shall promptly prepare and file appropriate United States patent applications covering the Invention and shall promptly provide to UCSD all serial numbers and filing dates, together with copies of all the applications, including copies of all patent Office Actions, responses and all other Patent Office communications. Subject to Paragraph 2.4, UNIVERSITY will forego filing any additional patent applications covering the Invention. If UNIVERSITY identifies a need for additional applications for Invention, UNIVERSITY will confer with MAYO to determine whether to file, such application(s).
2.2 MAYO shall, after consulting with UCSD and within adequate time of any United States filing, make an election whether, when, and in what countries, to file foreign patent applications in countries where statutory protection is available. If any foreign patent applications are filed, MAYO shall promptly provide to UCSD all serial numbers and filing dates. MAYO also shall provide to UCSD copies of foreign patent applications and patent office actions as UCSD may request in the course of prosecution.
2.3 MAYO shall promptly record assignments of domestic Patent Rights in the United States Patent and Trademark Office and shall provide UCSD with a photocopy of each recorded assignment.
2.4 Notwithstanding any other provision of this Agreement, MAYO shall not abandon the prosecution of any patent application (except for purposes of provisional conversion, filing continuation or continuation-in-part applications) or the maintenance of any Patent Rights without prior written notice to UCSD.
2.5 MAYO shall promptly provide to UCSD copies of all patents issued under Patent Rights.
