Prosecution Activities Sample Clauses
The Prosecution Activities clause defines the responsibilities and procedures related to the filing, management, and maintenance of intellectual property rights, such as patents or trademarks. Typically, this clause outlines which party is responsible for preparing and submitting applications, responding to office actions, and covering associated costs. It may also specify how decisions are made regarding the scope or jurisdiction of filings. The core function of this clause is to ensure clear allocation of duties and costs in protecting intellectual property, thereby preventing disputes and ensuring that valuable rights are properly secured and maintained.
Prosecution Activities. With respect to the Ambit Licensed Patents and the Program Patents, the Party with the first right to control Prosecution of Patent Rights as set forth in Section 8.3.1(a) through (c) (the “Lead Prosecuting Party”) shall direct and control the Prosecution of such Patent Rights, including the preparation, filing and prosecution of all U.S. and foreign patent applications within such Patent Rights, and the conduct of any interferences, reexaminations, reissues and foreign oppositions relating to such Patent Rights (as further discussed in Section 8.3.7 below).
Prosecution Activities. Juniper shall promptly inform ▇▇. ▇▇▇▇▇▇▇▇ of any activities in connection with any reexamination, reissuance or extension of any Assigned Patent (“Prosecution Activities”). ▇▇. ▇▇▇▇▇▇▇▇ may recommend courses of action in connection with such Prosecution Activities and Juniper shall consider in good faith such recommendations. ▇▇. ▇▇▇▇▇▇▇▇ shall cooperate with Juniper with respect to such Prosecution Activities, including without limitation:
(i) being reasonably available to Juniper (or Juniper’s authorized attorneys, agents or representatives), to the extent reasonably necessary to enable Juniper to undertake Prosecution Activities;
(ii) providing Juniper with copies of all correspondence pertaining to the Assigned Patents, to the extent not provided to Juniper as part of the Patent Files under Section 2.3 hereof; and
(iii) cooperating, if necessary and appropriate, with Juniper in gaining patent term extensions whenever applicable.
Prosecution Activities. As between the Parties, Syros shall have the sole right to be the Prosecuting Party for the Non-Validated Target Patents, worldwide, at Incyte’s sole cost and expense and using counsel mutually agreed upon by the Parties. Unless otherwise agreed by the Parties in writing, and subject to Incyte fulfilling its obligations with respect to such costs and expenses, Syros shall not abandon any Non-Validated Target Patent that Covers any Know-How relating to any Definitive Research Target during the period that Incyte retains an unexercised Option to select such Definitive Research Target as a Validated Target.
Prosecution Activities. (i) Subject to Section 9.3(b)(ii), AGIX shall control Prosecution of all Licensed Patents and Joint Patents, under the direction of the IPC. AstraZeneca shall have the right to comment on Prosecution activities by AGIX to the extent that such activities involve a Licensed Patent or Joint Patent. AGIX shall identify any such Prosecution activity to the IPC and provide the IPC copies of any official action, filing (including a draft patent application), communication, proposed submission in response to, and associated data or information, in a timely manner but in no case less than fourteen (14) days prior to the date any response to such official action or said application is proposed to be filed. AGIX and its patent counsel will reasonably consider AstraZeneca's comments thereon. If AstraZeneca does not provide AGIX with timely comments, AGIX shall be free to proceed with its submission or other contemplated action consistent with the direction of the IPC.
(ii) For any pending patent applications within the Licensed Patents or any new patent applications that would otherwise be included in the Licensed Patents that the IPC believes should be filed, AGIX shall file and Prosecute patent applications or, if in the IPC's judgment the filing or prosecution of such applications would materially adversely affect any Licensed Patents, claims within patent applications, that in either case claim or are directed solely to the Compound or Product, or the Development, Manufacturing, formulation or use thereof. Any Prosecution activity in such patent application shall be directed by the IPC, in accordance with Section 9.3(b)(i), and implemented by AGIX in a manner consistent with Section 9.2(c)(ii).
Prosecution Activities. As between the Parties, and in accordance with Section 6.2.5, Syros shall have the first right, but not the obligation, to be the Prosecuting Party for the Validated Target Patents, worldwide, at Incyte’s sole cost and expense and using counsel mutually agreed upon by the Parties. If Syros decides that it will not conduct, or will cease to conduct, the Prosecution Activities with respect to any Validated Target Patent, in any country, then, subject to Incyte fulfilling its obligations with respect to such costs and expenses, Syros shall provide written notice to Incyte of such intention at least [**] in advance of any deadline for avoiding abandonment of (or other loss of rights with respect to) such Validated Target Patent, and Incyte shall thereupon have the option, in its sole discretion and in accordance with Section 6.2.5, to become the Prosecuting Party for such Validated Target Patent in such country, at Incyte’s sole cost and expense and using counsel mutually agreed upon by the Parties.
Prosecution Activities. AstraZeneca shall control Prosecution of all AstraZeneca Patents, at its sole expense; provided, however, that AstraZeneca shall reasonably consider AGIX's comments thereon. AstraZeneca shall identify any such Prosecution activity to the IPC and provide the IPC copies of any official action, filing (including a draft patent application), communication, proposed submission in response to, and associated data or information, in a timely manner but in no case less than fourteen (14) days prior to the date any response to such official action or said application is proposed to be filed. AstraZeneca and its patent counsel will reasonably consider AGIX's comments thereon; provided, however, that resolution of any issue under this Section 9.3(c) shall be decided by AstraZeneca in its discretion.
Prosecution Activities. (i) With respect to a given Licensed Patent, the Prosecuting Party with respect thereto shall, unless and until such Party informs the other Party that it elects not to pursue or continue the Prosecution of a Licensed Patent in a given country: (A) file and prosecute Patent applications to secure Patent rights for such Licensed Patent [***] in the [***] and [***] and such other countries as mutually agreed by AstraZeneca and Nektar (and such other countries as such Prosecuting Party elects); and (B) consult with the other Party (through its representatives on the Patent Working Group) regarding such Prosecution efforts (to the extent required by subsection (a) above), by providing such other Party a reasonable opportunity to review and participate in such Prosecution efforts regarding the applicable Patent Rights, including by providing to the Patent Working Group copies of all material communications from any patent authority in the Territory regarding such patent applications, and by providing drafts of any responses and any material filings to be made to such patent authorities reasonably in advance of submitting such responses or filings, and reasonably discussing any comments made by the other Party regarding such Prosecution efforts and in good faith seeking to accommodate all reasonable comments made by the other Party, and (C) upon issuance, maintain such Licensed Patent [***].
(ii) [***].