Patent Provisions. 7.1 FILING, PROSECUTION AND MAINTENANCE OF PATENTS. Except as otherwise provided in Schedule 2.14.3.3, the Parties agree that:
(a) ALNYLAM or RIBOPHARMA has the sole responsibility, to, at ALNYLAM's or RIBOPHARMA's discretion, file, conduct ex parte and inter partes prosecution and maintain in the Territory, the ALNYLAM RNAi Patent Rights owned by ALNYLAM or licensed by RIBOPHARMA to ALNYLAM and licensed to MERCK under this Agreement; and
(b) MERCK has the sole responsibility, to, at its discretion, file, conduct ex parte and inter partes prosecution and maintain in the Territory the MERCK RNAi Patent Rights and the patent rights contained in the MERCK RNAi Novel Target IP licensed to ALNYLAM under this Agreement. provided, however, that, with respect to Joint Collaboration Inventions, ALNYLAM shall have the first right to file, conduct ex parte and inter partes prosecution and maintain patent applications and patents for such Joint Collaboration Inventions. With respect to Joint Collaboration Inventions, ALNYLAM may elect not to file, conduct ex parte and inter partes prosecution and/or maintain patent applications and patents and, if so, MERCK, and/or a law firm acting on its behalf, shall have the right to file, conduct ex parte and inter partes prosecution and maintain/or patent applications and patents, as applicable. In each case above, with respect to Joint Collaboration Inventions, (a) the filing Party shall: (i) give the non-filing Party an opportunity to review the text of the applications, (ii) consult with the non-filing Party with respect thereto and give good faith consideration to the requests and suggestions of the non-filing Party with respect to the filing thereof, (iii) supply the non-filing Party with a copy of the application as filed, together with notice of its filing date and serial number, and (iv) shall keep the other Party advised on at least a quarterly basis of the status of the actual and prospective patent filings; and (b) the prosecuting Party shall give the non-prosecuting Party copies of all correspondence from and to the U.S. and all other patent offices related to the prosecution of patents or patent applications covering such Joint Collaboration Inventions and give good faith consideration to the requests and suggestions of the non-prosecuting Party with respect to the prosecution thereof. ALNYLAM shall promptly give notice to MERCK of the grant, lapse, revocation, surrender, invalidation or abandonment of any ALNYLAM R...
Patent Provisions. 7.1 [****]
(a) Merck shall have the sole right to file, prosecute, maintain and defend patent applications on Merck Information and Inventions (“Merck Other Information and Inventions”);
(b) Company shall have the sole right to file, prosecute, maintain and defend patent applications on Company Information and Inventions (“Company Other Information and Inventions”); and
(c) The Patent Committee will review proposed patent filings pertaining to Joint Other Information and Inventions. A Party that believes that a patent application should be filed regarding any Joint Information and Inventions which constitute Other Information and Inventions (“Joint Other Information and Inventions”) shall bring the matter to the attention of the Patent Committee and the Patent Committee shall discuss how to proceed. If Merck takes the lead in filing and prosecuting the application, then the Parties shall follow the general procedure described in Section 7.1.
1. If Company takes the lead in filing and prosecuting the application, then the Parties shall follow the general procedure described in Section 7.1.
2. If both Parties agree that a patent application regarding any Joint Information and Inventions should be filed, then the Parties will split the costs evenly or as otherwise agreed. If only one Party believes that a patent application regarding any Joint Information and Inventions should be filed, then that Party shall bear all costs unless the Parties agree otherwise.
Patent Provisions. 11.1 Filing, Prosecution and Maintenance of ACI Patent
Patent Provisions. 30 7.1 Filing, Prosecution and Maintenance of Patents................. 30
Patent Provisions. Filing, Prosecution and Maintenance of Patents 17 7.2 Option of MERCK to Prosecute and Maintain Patents 18 7.3 Interference, Opposition, Reexamination and Reissue 18 7.4 Enforcement and Defense 19 7.5 Patent Term Restoration 20
Patent Provisions. 7.1 Licensee shall place appropriate patent notices on Products which incorporate any invention covered by any licensed Proprietary Rights.
7.2 In the event that Honeywell or the Licensee learns of infringement of potential commercial significance of any patent licensed under this Agreement, the knowledgeable party will provide the other ( i ) with written notice of such infringement and ( ii ) with any evidence of such infringement available to it (an “Infringement Notice”). During the period in which, and in the jurisdiction where, the Licensee has exclusive rights under this Agreement, neither Honeywell nor the Licensee will notify a third party (including the infringer) of infringement or put such third party on notice of the existence of any Patent Rights without first obtaining consent of the other. Honeywell shall have the right to terminate this Agreement immediately without the obligation to provide the 60 day’s notice as set forth in Paragraph 11.1 if the Licensee notifies a third party of infringement or puts such third party on notice of the existence of any Patent Rights with respect to such infringement without first obtaining the written consent of Honeywell. Both Honeywell and the Licensee will use diligent efforts to cooperate with each other to terminate such infringement without litigation.
7.3 If infringing activity of potential commercial significance by the infringer has not been abated, or if the Licensee becomes aware of a third party that may commence potentially significant infringing activity, within ten (10) business days following the date of the Infringement Notice, the Licensee may institute suit for patent infringement, including seeking injunctive relief, against the infringer. Honeywell may voluntarily join such suit at its own expense, but may not thereafter commence suit against the infringer for the acts of infringement that are the subject of the licensee’s suit or any judgment rendered in that suit. The Licensee may not join Honeywell in a suit initiated by the Licensee without Honeywell’s prior written consent. If in a suit initiated by the Licensee, Honeywell is involuntarily joined other than by the Licensee, the Licensee will pay any costs incurred by Honeywell arising out of such suit, including but not limited to, any legal fees of counsel that Honeywell selects and retains to represent it in the suit.
7.4 If, within a hundred and twenty (120) days following the date the Infringement Notice takes effect, infring...
Patent Provisions. 6.1. AlliedSignal agrees to incur the cost of filing the application for U.S. Letters Patent, including expenses associated with prosecution.
6.2. Licensee agrees to pay domestic maintenance fees, including attorneys fees, and any foreign application issuance and maintenance fees. AlliedSignal agrees to file and prosecute patent applications in those foreign countries mutually agreed upon by AlliedSignal and Licensee. Licensee shall bear all cost and expenses assessable against or incurred by AlliedSignal in obtaining, owning and maintaining patent protection in such designated countries; including filing, prosecution, working and maintenance cost and taxes. Licensee shall pay such costs and expenses within thirty (30) days after receiving an invoice therefor from AlliedSignal.
6.3. Licensee shall place appropriate patent notices on Products which incorporate any invention covered by any licensed Proprietary Rights.
6.4. Licensee shall give notice of any suspected or discovered third party infringement to AlliedSignal. AlliedSignal may, in its sole discretion, take appropriate action to stop or prevent such infringement, including the filing and prosecution of patent litigation; and AlliedSignal shall have the right to include Licensee as a party in such litigation where necessary for the conduct thereof. If AlliedSignal and Licensee desire and agree to joint participation in any infringement suit or other enforcement action with respect to any of the Products or Services, the respective responsibilities of the parties, and their contributions to the costs and participation in recoveries, will be agreed upon in writing prior to undertaking such joint enforcement action.
6.5. Licensee and AlliedSignal agree to cooperate in the prosecution of any such legal actions or settlement actions undertaken under this section and each will provide to the other all pertinent data in its possession which may be helpful in the prosecution of such actions.
6.6. In the event of any actual or threatened infringement suit against Licensee or its customers which would affect the manufacture, use, or sale of Products or Services, Licensee shall promptly give written notice of such actual or threatened suit to AlliedSignal and AlliedSignal will make available to Licensee free of charge and information on in its possession on which AlliedSignal believes will assist Licensee in defending or otherwise dealing with such suit.
6.7. Licensee is aware that DOE concurrence may be requi...
Patent Provisions. A. LICENSOR shall at all times have the sole right, but not the obligation, to take whatever steps it deems necessary or desirable to enforce the Licensed Patents, including the filing and prosecution of patent litigation; and LICENSOR shall have the right to include LICENSEE as a party in such litigation where necessary for the conduct thereof. If LICENSOR and LICENSEE desire and agree to joint participation in any infringement suit or other enforcement action with respect to any of the Licensed Patents, the respective responsibilities of the parties, and their contributions to the costs and participation in any recoveries, will be agreed upon in writing prior to undertaking such joint enforcement action. Section 3-B. LICENSOR does not make any representation to LICENSEE regarding the scope or enforceability of the Licensed Patents, and does not warrant that any Licensed Products or parts therefor manufactured or sold under this Agreement will not infringe patents of others.
Patent Provisions. 7.1 FILING, PROSECUTION, MAINTENANCE, ENFORCEMENT AND DEFENSE OF MERCK PATENT RIGHTS. MERCK shall have the sole right, at its expense, to prepare, file, prosecute, maintain, enforce and defend the Merck Patent Rights including without limitation patents and patent applications which claim, cover or relate to Compounds and/or Products, provided that NEOGENESIS shall have the right and the obligation, at its expense, to prepare, file, prosecute, maintain, enforce and defend the NEOGENESIS Patent Rights which claim, cover or relate to Compounds so long as such NEOGENESIS Patent Rights are not assigned to Merck pursuant to Section 7.2 below.
Patent Provisions. 2.1 Licensee shall place appropriate patent notices on Products which incorporate any invention covered by any licensed Proprietary Rights.
2.2 Licensee shall give notice of any suspected or discovered third party infringement to Honeywell. Honeywell may, in its sole discretion, take appropriate action to stop or prevent such infringement, including the filing and prosecution of patent litigation; and Honeywell shall have the right to include Licensee as a party in such litigation where necessary for the conduct thereof. If Honeywell and Licensee desire and agree to joint participation in any infringement suit or other enforcement action with respect to any of the Products or Services, the respective responsibilities of the parties, and their contributions to the costs and participation in recoveries, will be agreed upon in writing prior to undertaking such joint enforcement action.
2.3 Licensee and Honeywell agree to cooperate in the prosecution of any such legal actions or settlement actions undertaken under this section and each will provide to the other all pertinent data in its possession which may be helpful in the prosecution of such actions.
2.4 In the event of any actual or threatened infringement suit against Licensee or its customers which would affect the manufacture, use, or sale of Products or Services, Licensee shall promptly give written notice of such actual or threatened suit to Honeywell and Honeywell will make available to Licensee free of charge information in its possession which Honeywell believes will assist Licensee in defending or otherwise dealing with such suit.
2.5 Licensee is aware that DOE concurrence mat be required in certain situations including those involving litigation and/or changes to patent rights.
