Patentable Inventions. In the event that any Inventions may be patentable:
A. the Party owning such Invention pursuant to Section 6.3 shall have the right, in its sole discretion, to determine the patent strategy for such Invention, which may include not obtaining patent protection in a particular country or any country;
B. without prejudice to the generality of Section 6.4, the Party not owning an Invention shall cooperate with the other Party and/or its attorneys upon reasonable request, at the expense of the other Party, in (i) properly filing and prosecuting patent applications, (ii) vesting title herein provided and (iii) providing non-financial assistance in enforcing any patents resulting from such patent applications; and
C. the cost of patenting Inventions will be borne by the owner of the Invention.
Patentable Inventions. Genentech shall be responsible, at its sole discretion and expense, for filing, prosecuting, and maintaining Genentech Gene Patents, Project Patents and, following designation of a Protein Candidate, any Lexicon Pre-Existing Patents and Restricted Rights Project Patents (to the extent exclusively licensed to Genentech) related to such Protein Candidate.
Patentable Inventions. Unless otherwise agreed to by the parties in any license or other agreement, all patentable inventions, improvements and any patent rights appurte- nant thereto, conceived and reduced to practice pursuant CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS. to the Research shall be owned jointly where created jointly or solely by each party where so created. Licenses to any such inventions, improvements and patent rights, however owned, shall be governed by the terms of this Agreement and/or any future license agreement pertaining to such rights.
4.1.1 If either party identifies or becomes aware of a patentable invention, that party shall promptly submit a written description of the subject matter of such invention to the other party. With regard to inventions with application to the Research or future products within the Field of Use, *************** shall have primary responsibility for determining whether to file patent applications in the Territory, and shall be responsible for determining the timing and scope of a patent application and for selecting the countries for filing, and for the filing, prosecution and maintenance of such patent application and all patents issuing therefrom. Debio and Dyax shall provide to each other all necessary cooperation relating to the filing, prosecution and maintenance of such patent applications. All expenses for such matters in the Territory shall be borne by ***************.
Patentable Inventions. (1) Negotiation of a Commercial License. SYSTEM, through TAES, has granted CERES in the SRA a time-limited option to obtain an exclusive world-wide commercial license in SYSTEM’s rights in Subject Inventions under the SRA, with the right to grant sublicenses. If CERES advises SYSTEM as per the terms of the SRA that CERES elects to obtain an exclusive commercial license to such Subject Invention, the Parties shall initiate negotiation of a license agreement based on the Example License Agreement for Subject Inventions in Appendix A. The start of such negotiations shall be evidenced by written notice from one Party to the other initiating such negotiations, and such negotiations shall not extend beyond one hundred eighty (180) days from the start thereof without the mutual consent of both Parties (“Negotiation Period”). Such license shall be negotiated in good faith between the Parties and shall contain reasonable business terms common to CERES’ field of commercial interest and proposed application. If the Parties fail to reach agreement within the Negotiation Period, the terms and conditions of the license on which no agreement was reached shall be settled in accordance with the following procedures: the disputed contract terms shall be referred to a mutually agreed impartial expert whose decision shall be final. Each Party shall submit to the expert within fifteen (15) days of his appointment its position in writing on the disputed contract terms and conditions. Such expert shall be limited to choosing one of such two (2) party positions on each of the contract terms and conditions or related group of contract terms and conditions that the expert considers most reasonable in the circumstances and shall not make any other determination. Neither Party shall be bound by any determination by the expert which, in the opinion of Party’s counsel, will result or be likely to result in that Party violating any applicable law or regulation.
Patentable Inventions. (a) As between Capital One and First Data, First Data shall have exclusive ownership of Patent Rights in patentable inventions, and all patentable improvements to such inventions, to the extent that such inventions or improvements were conceived and reduced to practice by one or more employees of First Data (collectively the “First Data Inventions”).
(b) To the extent, if any, that any First Data Inventions are or may become [* * *] or [* * *] for the [* * *] and [* * *] of the [* * *] First Data hereby [* * *] (except to the extent otherwise permitted under this Agreement), [* * *] products and services [* * *], for the internal business purposes of the Permitted Licensees, [* * *] or any [* * *].
(c) If:
(i) Capital One requests that First Data create a [* * *] under this Agreement, and
(ii) in creating such [* * *] and
(iii) Capital One [* * *] on the [* * *] embodying such First Data Invention, then Capital One shall have [* * *] as applicable, such [* * *]. At the [* * *] in this [* * *].
(d) To the extent, if any, that any First Data Inventions [* * *] are being used by Capital One after the effective date of termination or expiration of this Agreement in violation of Patent Rights of First Data or its Affiliates, then First Data [* * *] Capital One [* * *] using such First Data Invention. First Data (on its own behalf and on behalf of its Affiliates) [* * *] Capital One or any of the Permitted Licensees [* * *] such Patent Rights [* * *] and [* * *] and [* * *] by the [* * *].
Patentable Inventions. Lexicon shall be responsible, at its sole discretion and expense, for filing, prosecuting, and maintaining Lexicon Knock-Out Technology, Lexicon Pre-
Patentable Inventions. In case any Inventions are patentable:
A. the party owning such Invention pursuant to Sections 7.1 and 7.2 shall have the right, in its sole discretion, to determine the patent strategy for such Invention, which may include not obtaining patent protection in a particular country or any country;
B. the party owning such Invention shall notify the other party in writing at least [***] prior to filing any patent application covering such Invention;
C. without prejudice to the generality of Section 7.3, the party not owning an Invention shall cooperate with the other party and/or its attorneys upon reasonable request, at the expense of the other party, in (i) properly filing and prosecuting patent applications, (ii) vesting title herein provided and (iii) providing non-financial assistance in enforcing any patents resulting from such patent applications; and
D. the cost of patenting Inventions will be borne by the owner of the Invention.
Patentable Inventions. The Parties expect that patent applications will be filed as required to secure suitable Patent Rights covering inventions within the Research Technology. The Parties agree as follows with respect to the filing and prosecution of such applications.
(a) Except as provided in Section 7.5(b) below, the Party that owns an invention within the Research Technology may, in its discretion, file such patent applications and thereafter prosecute and maintain in force the resulting Patent Rights in the United States. With respect to jointly-owned inventions, the Party designated by the JRC will file such patent applications and thereafter prosecute and maintain in force the resulting Patent Rights in the United States. Subject to the other provisions of this Section 7.5, the filing, prosecution and maintenance of all patent applications and patents outside the United States claiming inventions within the Research Technology shall be conducted through BMS's patent management and affiliates system. If a Party having the right to file a patent application on an invention hereunder declines to do so or, having filed, declines to further prosecute and/or maintain in force any Patent Rights derived from such a patent application in any country, then, unless the Party declining to file such patent application reasonably asserts trade secret rights in the subject invention, which trade secret rights are more commercially viable if maintained as a trade secret rather than as protected by the potential Patent Rights claiming such invention, the other Party shall have the right to prepare, file, prosecute and/or maintain such Patent Rights in any such country, in which event the declining Party shall, at the other Party's request and expense, provide all reasonable assistance.
(b) The filing Party under Section 7.5(a) shall regularly provide the other Party with copies of all patent applications filed hereunder and other material submissions and correspondence with the patent offices, in sufficient time to allow for review and comment by the other Party. In addition, such filing Party shall provide the other Party and its legal counsel with an opportunity to consult with the Party and its patent counsel regarding the filing and contents of any such application, amendment, submission or response, and the advice and suggestions of the other Party and its legal counsel shall be taken into reasonable consideration by such Party and its legal counsel in connection with such filing. ...
Patentable Inventions. Inventions conceived of and reduced to practice during the Contract Period solely by Lilly shall be the property of Lilly. Inventions conceived of and reduced to practice during the Contract Period solely by ICAgen shall be the property of ICAgen. Inventions conceived of and reduced to practice during the Contract Period jointly by one or more employees of ICAgen and one or more employees of Lilly shall be jointly owned by ICAgen and Lilly.
Patentable Inventions. (1) Negotiation of a Commercial Exploitation License. SYSTEM, through AGRILIFE, has granted CERES in the ARSRA an option to obtain an exclusive world-wide commercial exploitation license in SYSTEM’s rights in Subject Inventions under the ARSRA, with the right to grant sublicenses. If CERES exercises such option pursuant to the terms of the ARSRA, the Parties shall initiate negotiation of a license agreement based on the Example License Agreement for Subject Inventions in Appendix A and the Parties shall comply with the good faith negotiation process and timelines set forth in the ARSRA.
