Payment of Patent Expenses. With the concurrence of the invention Owner, a positive recommendation by a Member for patenting shall also be a commitment by that Member to pay for all (if only one member is interested) or a pro rata amount of any associated patent expenses (if more than one member is interested), and be an indication that the Member will take a non-commercial, non-exclusive, royalty- free (NERF) license for internal research & development purposes. Members, depending upon Membership Type, may seek a commercial license according to the CMaT Bylaws and Industry membership agreement. Only those Members requesting foreign patent filings shall pay foreign patent costs (pro rata based on the number of Members involved for a given jurisdiction) and be entitled to receive a license to practice the invention(s) in such foreign jurisdiction. Membership dues and/or non-cash contributions cannot be used for the payment of patent costs. The appropriate technology transfer office for each of the Partner Universities and the Lead Institute, as appropriate, will file patent applications on any Center disclosure or information recommended for patenting by Members.
Payment of Patent Expenses. Payment of all fees and costs, including attorneys’ fees, relating to the filing, prosecution and maintenance of the Patent Rights (including without limitation interferences, reexaminations and reissues) shall be the responsibility of Company (“Patent Expenses”), whether such amounts were incurred before or after the Effective Date. As of December 12, 2019, MIT has incurred approximately [***] for such patent-related fees and costs. Without limiting Section 4.1(a)(ii) concerning Patent Expenses incurred prior to and including the Effective Date, Company shall reimburse all amounts due pursuant to this Section 6.4 within [***] of receipt of an invoice from MIT; late payments shall accrue interest pursuant to Section 4.2(e) (Late Payments). In all instances, MIT shall pay the fees prescribed for large entities to the United States Patent and Trademark Office unless otherwise agreed by the
Payment of Patent Expenses. Materia shall be responsible for all direct expenses incurred by BC and associated with the drafting, filing and prosecution for US and PCT applications that are subject to this Agreement. BC shall invoice MATERIA for such expenses and within [**] days after BC invoices MATERIA, MATERIA shall reimburse BC for [**] (including [**]) incurred by BC during the term of this Agreement in connection with obtaining or maintaining the PATENT RIGHTS. MATERIA may elect to have BC file foreign patent applications corresponding to the PATENT RIGHTS in such countries as MATERIA may select by written notice, and such foreign filings shall be added to PATENT RIGHTS and shall be included in the definition of PATENT RIGHTS. MATERIA shall reimburse BC for [**] (including [**]) incurred by BC during the term of this Agreement in connection with obtaining or maintaining such foreign PATENT RIGHTS. BC will manage the prosecution of the PATENT RIGHTS and will be solely responsible for the content of patent applications related thereto, however BC shall permit MATERIA to submit input into the preparation and prosecution and BC shall give full consideration to such input. To the extent that MATERIA terminates this Agreement pursuant to Paragraph 7.4 with respect to any patent application or patent, MATERIA shall have no further liability under this paragraph 4.1 for fees relating to applications or patents affected by the termination and such patents and patent applications shall be removed from the PATENT RIGHTS.
Payment of Patent Expenses. (a) Upon Effective Date, Company shall remit a retainer fee of Fifteen Thousand Dollars ($15,000) to cover initial patent expenses to be incurred by the University in connection with obtaining the Patent Rights.
(b) For all patent-related expenses in excess of Fifteen Thousand Dollars ($15,000) that are incurred by University pursuant to Section 4.1, Company and University shall mutually agree on retainers to be provided by Company to University counsel. If Company and University agree not to provide patent counsel with any additional retainers, Company shall reimburse University within thirty (30) days after University invoices Company for all excess patent expenses incurred by University pursuant to Section 4.1.
Payment of Patent Expenses. After the Effective Date, the Licensee shall bear all the costs and expenses in relation to the prosecution and maintenance of the Licensed Patents incurred since filing the priority application and which as regards costs that have already been incurred and paid by Licensor will be payable: (i) in two equal tranches, the first of which will be paid within six (6) months of the Effective Date, and the second of which will be paid within twelve (12) months of the Effective Date, and (ii) subject to Licensor issuing to Licensee appropriate invoices and other reasonable documentary evidence in support of the amounts payable under this Section 6.2.
Payment of Patent Expenses. Newco shall pay for the maintenance and prosecution of all patents transferred to Newco as set forth in Formation of Newco, Section 1 and as summarized in Schedule A. Newco shall not shall not bear any costs for any Sepsis patents that have been issued.
Payment of Patent Expenses. Company will reimburse University all patent expenses incurred under Company’s guidance during option period. Note nationalization phase deadline in Dec 2013.
Payment of Patent Expenses. [***] for all out of pocket patent-related expenses incurred by [***] pursuant to Section 6.1 during the term of this Agreement within thirty (30) days after [***]. [***] may elect, upon sixty (60) days written notice to [***], to cease payment of the expenses associated with obtaining or maintaining patent protection for one or more Patent Rights in one or more countries. In such event, [***] with respect to such Patent Rights in such countries. In the event SJCRH grants one or more licenses under Patent Rights outside of the Exclusive Field or, subject to the terms of Section 2.1 (b), within the Exclusive Field, SJCRH and Company shall [***].
Payment of Patent Expenses. 5.1 During the Option Period and the Negotiation Period, FlU shall take all actions deemed necessary in FIU’s sole determination to prosecute and/or maintain the Patent Rights and may seek additional patent protection for the Patent Rights in the United States as deemed appropriate by FIU in its sole determination. FIU will notify Company in writing of any pending action in the U.S patent office corresponding to the Patent Rights that may result in such patent-related expenses, advising Company of a deadline by which Company may provide to FIU any comments relating to the same. If Company’s comments are provided by the deadline date set forth in FIU’s written communication, FIU shall take such comments into consideration, provided, however, that the final full control, determination of the patent prosecution and maintenance for the Patent Rights shall remain solely with FIU. Should Company refuse to pay for any such patent prosecution or maintenance action, and if such action is necessary to retain U.S. patent rights, this Agreement will terminate immediately and FIU shall have no further obligation whatsoever to Company in regard to the Patent Rights.
5.2 Company shall reimburse FIU for all patent-related expenses (including attorneys’ fees) incurred by FIU during the term of this Agreement in connection with obtaining or maintaining the Patent Rights.
5.3 Company shall be liable to FIU for all of FIU’s out-of-pocket maintenance costs (including all attorneys’ fees and costs), for any and all United States patent office patent prosecution actions that are taken during the Option Period and/or Negotiation Period and for all actions to be taken by patent counsel after the Option Period and/or Negotiation Period but in response to any instructions provided by the Company during the Option Period and/or Negotiation Period. FIU shall invoice Company for all such attorneys’ fees and costs. Company shall pay such invoices within thirty (30) days after receipt thereof from FIU.
5.4 If Company shall not exercise its Option Rights, Company shall in any event be liable to FIU for FIU’s out-of-pocket United States patent office preparation, prosecution, taxes and maintenance costs, including attorneys’ fees incurred during the Option Period and/or or any Negotiation Period. Such costs shall be reimbursed by Company within thirty (30) days of invoicing by FIU
Payment of Patent Expenses. 7.1 DynEco agrees to pay all reasonable legal services charges, related disbursements and governmental fees (including, but not limited to, filing fees, prosecution fees, maintenance fees and annuities) directly related to all patents and patent applications listed on Exhibit AA.
