Patent Prosecution Expenses. Beginning from the Effective Date and during the term of this Agreement and subject to Section 0, Licensor shall diligently prosecute and maintain, at the Licensees’ expense, any United States and foreign patents comprising the Intellectual Property, using patent counsel of the Licensees’ choice that is reasonably acceptable to Licensees.
Patent Prosecution Expenses. Payments for accrued past patent prosecution costs for the Patent Rights in the amount of [***]and payments for continuing patent costs for the Patent Rights as set forth in Article VII. Licensee shall pay CMCC such past and continuing prosecution costs respectively within [***] after receipt of an invoice from CMCC.
Patent Prosecution Expenses. (a) WSU shall manage the preparation, filing, prosecution and maintenance of United States and foreign patent applications and the maintenance of U.S. and foreign patents on Licensed Patents and the maintenance of its proprietary rights in Biological Materials. WSU shall control all aspects of such preparation, filing, prosecution and maintenance. During the term of this Agreement, Licensee shall be solely responsible for providing WSU and its patent counsel with the appropriate contact information for Licensee’s receipt of all patent and other intellectual property correspondence, including invoices for reimbursement of patent and other intellectual property expenses, and Licensee shall notify WSU if Licensee believes it is not appropriately receiving such correspondence. Notwithstanding the above, WSU shall not be obligated to pursue foreign nationalization filings of Licensed Patents unless and until (i) Licensee expressly requests such filing(s) in writing; and (ii) Licensee prepays estimated expenses associated with each requested foreign filing. WSU shall request that patent counsel provide Licensee, simultaneously with the provision thereof to WSU, with copies of all information it provides to WSU relating to the preparation, filing, prosecution and maintenance of Licensed Patents or maintenance of WSU’s proprietary rights in Biological Materials. Regarding the prosecution of the Licensed Patents or Biological Materials, WSU shall, where possible, provide Licensee the opportunity to review and comment on the action. Licensee shall have the right to strategize with WSU and its patent counsel to keep legal fees down; and it shall have the right to audit (and discuss with patent counsel, if necessary) patent counsel’s invoices for services it provides that Licensee is obligated to reimburse WSU under this Section 5.
(b) Licensee shall be responsible for all expenses incurred after the Effective Date associated with the preparation, filing, prosecution and maintenance of Licensed Patents or maintaining WSU’s proprietary rights in Biological Materials, including interferences and any prepayments as provided in 5.1(a) above, the portion to be paid by Licensee being the quotient obtained by dividing the aggregate patent expenses incurred by WSU by the sum of one plus the number of then prevailing additional licensees outside the Licensed Field. Such expenses are not creditable against payments due to WSU under Section 3. WSU will provide Licensee with invo...
Patent Prosecution Expenses. Development expenses are separate and distinct from patent prosecution expenses, which are provided for in Section 2.6.
Patent Prosecution Expenses. Section 7(e) of the Agreement is hereby amended and restated in its entirely to read in full as follows: “If the Licensee decides to terminate this Agreement pursuant to the second sentence of Paragraph 16, Licensee shall reimburse the reasonable legal expenses incurred by USC for up to one (1) month from the date written notification of termination is sent by Licensee.”
Patent Prosecution Expenses. Within thirty (30) days after --------------------------- receipt of a statement from the Company, Sublicensee shall reimburse the Company for one half (1/2) of all patent prosecution and maintenance costs of the Sublicensed Patents, up to a maximum of ***** per annum, plus a five percent (5%) administration fee not to exceed ***** per annum, per patent (where each patent includes all corresponding domestic and foreign patents) whether such fees and costs were incurred before or after the date of this Agreement; provided, however, in the event that the Company grants additional sublicenses under the Sublicensed Patents, then the portion of patent prosecution and maintenance costs paid by Sublicensee will be no more than (1/N+1) of the total patent prosecution and maintenance costs of the Sublicensed Patents, where N is the total number of sublicensees, including Sublicensee. The Company shall cooperate with Sublicensee in prosecuting any patent applications and in the maintenance of patents as reasonably requested by Sublicensee, shall permit Sublicensee to review and comment on all prosecution activities, and shall promptly provide Sublicensee, upon request, written status reports concerning all patents and patent applications. Amounts will be payable thirty (30) days from date of the Company's invoice. In country(ies) where Sublicensee elects not to reimburse the Company for such fees and costs, Sublicensee shall have no residual license or patent rights in said country(ies) .
Patent Prosecution Expenses. In the event that Hammock incurs any expenses from the preparation, filing, prosecution or maintenance of any patents pursuant to Section 6.2, Hammock shall deduct from the then-current payments due to MilanaPharm up to [***] percent ([***]%) of the amounts paid (including milestone payments, royalties or other license fees) by Hammock for the preparation, filing, prosecution or maintenance of such patents; provided, however, that in no event shall the amounts due to MilanaPharm from Hammock in any Calendar Quarter be reduced by more than [***] percent ([***]%).
Patent Prosecution Expenses. The expenses of preparing, prosecuting and maintaining the Licensed Patent Rights shall be solely the responsibility of MEDJET. MEDJET shall add to or maintain the Licensed Patent Rights when there is a demonstrated economic incentive to MEDJET to do so, including foreign countries and new technologies.
Patent Prosecution Expenses. LICENSEE will assume responsibility for all future patent prosecution and infringement activities with respect to the Specified Technology and will be responsible for all costs and expenses associated therewith. LICENSEE will prosecute the patent applications on the worldwide basis. While it is the intention of LICENSEE to continue to utilize Sxxx Xxxxxxxx for the continued prosecution and potential infringement of the Patents, LICENSEE shall have to select alternative patent counsel in it sole discretion. However, the Inventors shall have the right to make all decisions regarding patent prosecution, regardless of who is the attorney.
Patent Prosecution Expenses. Lyell shall pay to Stanford one hundred percent (100%) of all expenses incurred by or on behalf of Stanford to prepare, file, prosecute, maintain and, subject to Section 9.2, defend each of the Licensed Patents for so long as Lyell is the sole licensee of the Licensed Patents from Stanford. If Stanford grants rights under a Licensed Patent to one or more licensees (i.e. under fields of use other than the Field of Use), then Lyell shall only be obligated to pay for a pro-rata share of such future expenses based on the number of licensees following execution of each such license. For purposes of clarity, the foregoing sentence only applies to a grant to a Third Party of commercial rights to a Licensed Patent and, for example, not to licenses for evaluation purposes or licenses to other not-for-profit research institutions for research purposes only. In addition, within [*] following the Effective Date, Lyell shall pay to Stanford a payment of [*] representing all of the past reasonable and documented expenses to file and prosecute the Licensed Patents Incurred by or on behalf of Stanford (i.e. by PICI). Lyell shall have the right at any time by providing thirty (30) days prior written notice to Stanford that it is terminating its obligation to reimburse Stanford for expenses for any particular patent application or patent included within the Licensed Patents (“Patent Termination Notice”). Upon Lyell providing a Patent Termination Notice to Stanford the applicable patent application and/or patent shall be removed from the Licensed Patents, and Lyell’s license rights thereto terminated.
