Common use of Patents for Joint Inventions Clause in Contracts

Patents for Joint Inventions. In the event of such Joint Inventions, ---------------------------- if Buyer and Seller both wish to seek or maintain patent protection for a Joint Invention, the costs of seeking or maintaining such patent protection shall be divided equally between them. If only one (1) of Buyer and Seller wishes to seek or maintain patent protection for a Joint Invention ("First Party"), it shall be entitled to do so at its own expense, and the other party ("Second Party") shall provide, at the First Party's expense, all reasonable assistance to that end. If the First Party, with respect to one or more countries, thereafter decides not to seek patent protection for, or decides to abandon a patent application or patent relating to, the Joint Invention, the First Party shall notify the Second party in writing of its decision. The Second Party shall then be entitled, after payment of half the out-of-pocket costs already incurred by the First Party in seeking or maintaining patent protection, to require that all rights in the Joint Invention in said country or countries be assigned to it so that it can seek or maintain patent protection for the Joint Invention in said country or countries. The notification shall be in writing and shall be made in a timely fashion which preserves the patent rights. The First Party shall thereafter provide, at the Second Party's expense, all reasonable assistance in seeking or maintaining patent protection for the Joint Invention in said country or countries.

Appears in 3 contracts

Samples: Distribution Agreement (Memry Corp), Distribution Agreement (Memry Corp), Private Label/Distribution Agreement (Memry Corp)

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Patents for Joint Inventions. In the event of such Joint ---------------------------- Inventions, ---------------------------- if Buyer and Seller both wish to seek or maintain patent protection for a Joint Invention, the costs of seeking or maintaining such patent protection shall be divided equally between them. If only one (1) of Buyer and Seller wishes to seek or maintain patent protection for a Joint Invention ("First Party"), it shall be entitled to do so at its own expense, and the other party ("Second Party") shall provide, at the First Party's expense, all reasonable assistance to that end. If the First Party, with respect to one or more countries, thereafter decides not to seek patent protection for, or decides to abandon a patent application or patent relating to, the Joint Invention, the First Party shall notify the Second party in writing of its decision. The Second Party shall then be entitled, after payment of half the out-of-pocket costs already incurred by the First Party in seeking or maintaining patent protection, to require that all rights in the Joint Invention in said country or countries be assigned to it so that it can seek or maintain patent protection for the Joint Invention in said country or countries. The notification shall be in writing and shall be made in a timely fashion which preserves the patent rights. The First Party shall thereafter provide, at the Second Party's expense, all reasonable assistance in seeking or maintaining patent protection for the Joint Invention in said country or countries.

Appears in 1 contract

Samples: Supply Agreement (Memry Corp)

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Patents for Joint Inventions. In the event of such Joint Inventions, ---------------------------- if Buyer and Seller both wish to seek or maintain patent protection for a Joint Invention, the costs of seeking or maintaining such patent protection shall be divided equally between them. If only one (1) of Buyer and Seller wishes to seek or maintain patent protection for a Joint Invention ("First Party"), it shall be entitled to do so at its own expense, and the other party ("Second Party") shall provide, at the First Party's expense, all reasonable assistance to that end. If the First Party, with respect to one or more countries, thereafter decides not to seek patent protection for, or decides to abandon a patent application or patent relating to, the Joint Invention, the First Party shall notify the Second party in writing of its decision. The Second Party shall then be entitled, after payment of half the out-of-pocket costs already incurred by the First Party in seeking or maintaining patent protection, to require that all rights in the Joint Invention in said country or countries be assigned to it so that it can seek or maintain patent protection for the Joint Invention in said country or countries. The notification shall be in writing and shall be made in a timely fashion which preserves the patent rights. The First Party shall thereafter provide, at the Second Party's expense, all reasonable assistance in seeking or maintaining patent protection for the Joint Invention in said country or countries.

Appears in 1 contract

Samples: Private Label/Distribution Agreement (Memry Corp)

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