Program Inventions. All Information and inventions, whether or not patentable, made in the course of Ziopharm’s performance of activities under the Gorilla Development Plan, including all intellectual property rights therein (collectively, “Gorilla Inventions”) and all Patents claiming Gorilla Inventions (“Gorilla Patents”) shall be solely and exclusively owned by Ziopharm, if made (i) solely by employees, agents, or independent contractors of Ziopharm or (ii) (A) solely by employees, agents, or independent contractors of Precigen or (B) jointly by employees, agents or independent contractors of each Party (in each case of (A) and (B), with Precigen’s involvement being limited to participation at JDC meetings) (such Gorilla Inventions under (i) and (ii), the “Ziopharm Gorilla Inventions” and such Gorilla Patents under (i) and (ii), the “Ziopharm Gorilla Patents”). Precigen hereby assigns to Ziopharm any and all right, title and interest it may have in any Ziopharm Gorilla Inventions, and agrees to take such further actions reasonably requested by Ziopharm to evidence such assignment. Precigen will require all of its employees,
Program Inventions. Inventorship of inventions conceived and/or reduced to practice in the course of conducting activities under this Agreement shall be determined by application of United States patent laws pertaining to inventorship. If such inventions are jointly invented in the course of such activities by one or more employees or consultants or contractors of both Parties, such inventions shall be jointly owned by the Parties (a “Joint Invention”), and if one or more claims included in an issued patent or pending patent application which is filed in a patent office in the Territory claim such Joint Invention, such patent or patent application, respectively, shall be jointly owned by the Parties. If such an invention is solely invented in the course of such activities by one or more employees or consultants or contractors of a Party, such invention shall be solely owned by such Party (a ‘Sole Invention”), and any patent application filed and any patent issuing therefrom claiming such solely owned invention (and no Joint Invention) shall also be solely owned by such Party. This Agreement shall be understood to be a joint research agreement in accordance with 35 U.S.C. § 103I(3) to develop the Licensed Compounds and Licensed Products. Each Party shall enter into binding agreements obligating all employees and consultants performing activities under or contemplated by this Agreement, including but not limited to activities related to the AMRI Patent Rights, Licensed Compounds and/or Licensed Products, to assign his/her interest in any invention conceived and/or reduced to practice in the course of such activities to the Party for which such employee or consultant is providing its services. With respect to contractors, each Party shall use good faith and diligent efforts to secure an agreement from such contractor to assign or license (with the right to sublicense) to such Party inventions (and patent rights Covering such inventions) made by such contractor in performing such services for such Party.
Program Inventions. ProGen Program Inventions. ProGen shall own Program Inventions solely related and limited to Compound [*] (“ProGen Program Inventions”).
Program Inventions. Subject to Sections 11.1.3, 11.1.4 and 3.3.4, all right, title and interest in all BG Inventions shall be owned by BG. All right, title and interest in all GPC Inventions shall be owned by GPC. Subject to Sections 11.1.3, 11.1.4 and 3.2.2 and 3.3.4, all right, title and interest in all Joint Inventions shall be owned jointly by BG and GPC and each shall have the right to grant sublicenses with respect to such Joint Inventions without the consent of the other Party except to the extent either BG or GPC is licensed exclusive rights to such Joint Inventions under this Agreement.
Program Inventions. In addition to any other obligations a Party may have under this Agreement or under any provisions of the License Agreement that will survive termination of such agreement in accordance with the provisions of Section 9.1(a) of this Agreement, each Party shall promptly notify the other in writing of the filing of any patent applications that claim Program Inventions, as well of the issuance of any patents that claim Program Inventions.
Program Inventions. Subject to Sections 11.1.3, 11.1.4 and 3.3.4, all right, title and interest in all ALTANA Inventions shall be owned by ALTANA. All right, title and interest in all GPC Inventions shall be owned by GPC. Subject to Sections 11.1.3, 11.1.4 and 3.2.3 and 3.3.4, all right, title and interest in all Joint Inventions shall be owned jointly by ALTANA and GPC and each shall have the right to grant sublicenses with respect to such Joint Inventions without the consent of the other Party except to the extent either ALTANA or GPC is licensed exclusive rights to such Joint Inventions under this Agreement.
Program Inventions. (a) SGI shall have the sole right, but not the obligation, to prepare, file, prosecute, and maintain, at SGI’s expense, any patent(s) on Program Inventions set forth in
Program Inventions. 9.1.1 Except as otherwise set forth in Section 9.2 below, Biosite shall have the right at its sole expense and in its sole discretion to control the preparation, filing, prosecution, maintenance and enforcement of all patent applications and patents that claim Biosite Improvements and Biosite Inventions.
9.1.2 Except as otherwise set forth in Section 9.2 below, Power3 shall have the right at its sole expense and in its sole discretion to control the preparation, filing, prosecution, maintenance and enforcement of all patent applications and patents that claim Power3 Inventions.
9.1.3 Except as otherwise set forth in Section 9.2 below, the parties shall determine by mutual consent which party shall control the preparation, filing, prosecution, maintenance and enforcement of the patent applications and patents that claim Joint Inventions.
Program Inventions. All right, title and interest in all Program Invention (whether or not patentable and whether or not made by Gen-Probe), together with all patent rights and other intellectual property rights therein, shall be owned by Gen-Probe, and included within the Gen-Probe Patent Rights for purposes of this Agreement, if such Program Invention constitutes an improvement primarily to, or relates primarily to, the APTIMA Technology. All right, title and interest in all Program Invention (whether or not patentable and whether or not made by DiagnoCure), together with all patent rights and other intellectual property rights therein, shall be owned by DiagnoCure, and included within the Licensed Patent Rights for purposes of this Agreement, if such Program Invention constitutes an improvement primarily to, or relates primarily to, the DiagnoCure Technology. If a Program Invention constitutes an improvement to or relates equally to both the DiagnoCure Technology and the APTIMA Technology, such Program Invention shall be jointly owned by the parties and included within the Gen-Probe Patent Rights and the Licensed Patent Rights for purposes of this Agreement. Ownership of all other Program Inventions shall be determined by the laws of inventorship of the United States. All Program Inventions shall be included within the intellectual property rights licensed by each party to the other party pursuant to this Agreement, for use within the scope of this Agreement. Neither party shall use or license any Program Invention in connection with any product that competes with or would compete with a Licensed Product under this Agreement. Each party hereby represents and warrants that all employees and other persons acting on its behalf in performing its obligations under the Program shall be obligated under a binding written agreement to assign to it, or as it shall direct, all Program Inventions made or conceived by such employees or other persons.
Program Inventions
