Prosecution and Maintenance of Joint Patents. For all patents claiming jointly owned inventions ("Jointly Owned Patents"), the Parties shall work together to develop a reasonable patent strategy appropriate for the technology at issue. DTI shall have the first right, but not the obligation, to prosecute and maintain any Jointly Owned Patents. DTI shall permit Fujisawa to review and comment on any documents filed with the relevant patent authorities in the Territory with respect to any Jointly Owned Patents. Fujisawa shall reimburse DTI for fifty percent (50%) of its expenses in prosecuting and maintaining Jointly Owned Patents in the Territory; provided, however, that Fujisawa may elect to forego its ownership interest in such Jointly Owned Patent application during the sixty (60) day period following the filing of such application, in which case it shall not reimburse DTI and shall assign over its interest. If DTI elects not to prosecute a Jointly Owned Patent, or to abandon any Jointly Owned Patent, it shall provide sixty (60) days written notice to Fujisawa prior to any relevant deadline and Fujisawa shall have the right, but not the obligation, to prosecute and maintain such patent at Fujisawa's expense, and under its own name. DTI shall have the right to grant licenses under any Jointly Owned Patents to any Third Party without the consent of Fujisawa, subject to the license in Section 2.1. Fujisawa shall have the right to grant licenses under any Jointly Owned Patents (i) to any Third Party to make, have made, use, import, export, offer for sale and sell Licensed Products without the consent of DTI, but only so long as this Agreement is in effect, and only in connection with a sublicense permitted under Section 2.2 and (ii) to any Third Party for any other use, without the consent of DTI.
Prosecution and Maintenance of Joint Patents. At [***] sole cost and expense, [***] shall be responsible for the Prosecution and Maintenance of any Joint Patent through mutually agreed outside counsel (“Outside Patent Counsel”); provided that [***] consults with [***] on the Prosecution and Maintenance of any such Joint Patents as set forth in this Section 6.4. [***] shall instruct Outside Patent Counsel to provide each of Genentech and Corvus with copies of any and all papers associated with such Prosecution and Maintenance, including all filings, submissions and correspondence to and from a patent office pertaining to such Prosecution and Maintenance so as to give [***] reasonable opportunities to provide comments in connection with such Prosecution and Maintenance. Genentech and Corvus shall consult with each other after receiving any substantive action or after any material development in such Prosecution and Maintenance (including issues regarding the scope of, the allowance of or the rejection of any claims and any proposed or actual response to any correspondence from a patent office in connection with any such patent applications or patents). [***] shall consider and incorporate [***] reasonable comments with respect to such Prosecution and Maintenance.
Prosecution and Maintenance of Joint Patents. Licensee will be responsible for the preparation, filing, prosecution and maintenance of Joint Patents, at its own expense. Licensee will provide to POZEN a copy of all proposed filings at least […***…] ([…***…]) days in advance of the filing date and will consider in good faith the requests and suggestions of POZEN with respect to filing and prosecuting the Joint Patents and will keep POZEN promptly informed of progress with regard to the preparation, filing, prosecution and maintenance of Joint Patents. In the event that Licensee desires to abandon any Joint Patent, Licensee will provide reasonable prior written notice to POZEN of such intention to abandon (which notice will, in any event, be given no later than […***…] ([…***…]) days prior to the next deadline for any action that may be taken with respect to such Joint Patent with the U.S. Patent & Trademark Office), and POZEN will have the right to assume responsibility for such Joint Patent.
Prosecution and Maintenance of Joint Patents. Licensee will be responsible for the preparation, filing, prosecution and maintenance of Joint Patents, at its own expense. Licensee will provide to POZEN a copy of all proposed filings at least *** (***) days in advance of the filing date and will consider in good faith the requests and suggestions of POZEN with respect to filing and prosecuting the Joint Patents and will keep POZEN promptly informed of progress with regard to the preparation, filing, prosecution and maintenance of Joint Patents. In the event that Licensee desires to abandon any Joint Patent, Licensee will provide reasonable prior written notice to POZEN of such intention to abandon (which notice will, in any event, be given no later than *** (***) days prior to the next deadline for any action that may be taken with respect to such Joint Patent with the U.S. Patent & Trademark Office), and POZEN will have the right to assume responsibility for such Joint Patent.
Prosecution and Maintenance of Joint Patents. Parties shall determine, on a case-by-case basis, which Party shall have the responsibility, through counsel mutually acceptable to both Parties, for filing, prosecuting (including any interferences, reissue proceedings and re-examinations) and maintaining a Joint Patent throughout the world (such Party, the “Prosecuting Party”). The Prosecuting Party shall have the first right to determine in which countries to file, prosecute and maintain a Joint Patent. The other Party shall have the right to request that the Prosecuting Party file, prosecute and maintain a Joint Patent in a particular country. If the Prosecuting Party declines, or otherwise fails, to initiate any such requested action with respect to a Joint Patent within sixty (60) days of such request by the other Party (or, if after initiating any requested action, the Prosecuting Party at any time thereafter fails to diligently pursue such action), in each case the other Party shall have the right to take such action with respect to such Joint Patent. The Parties shall, and shall cause their respective Affiliates, as applicable, to assist and cooperate with one another in, and share equally the cost and expense of, filing, prosecuting and maintaining the Joint Patents. As part of this assistance and cooperation, the Prosecuting Party shall provide the other Party with a copy of all proposed filings and other material submissions and correspondence related to the Joint Patents at least thirty (30) days in advance of the filing, submission or other relevant date, and shall consider in good faith the requests and suggestions of the other Party. Notwithstanding the above, either Party may decline to pay its share of the costs and expenses for filing, prosecuting and maintaining any Joint Patent in a particular country or particular countries at any time, in which case the declining Party shall assign, and shall cause its Affiliates to assign, to the other Party all of their rights, title and interest in and to any such Joint Patent in the relevant country or countries, whereupon such Joint Patent shall become a Patent owned solely by Licensee or POZEN in such country or countries, as the case may be. In no event shall a Joint Patent, [* * *].
Prosecution and Maintenance of Joint Patents. With respect to any Inventions in the Joint Know-How, Cara and VFMCRP shall discuss reasonably and endeavor to agree on the Prosecution of any Joint Patents claiming potentially patentable Inventions within the Joint Know-How. All such Joint Patents shall be jointly-owned by the Parties (i.e., each Party shall own an undivided one-half interest in and to the entire rights, title and interests in and to the Joint Patents), absent a written agreement of the Parties otherwise, in appropriate countries throughout the world. Absent agreement of the Parties otherwise, VFMCRP shall be responsible for the Prosecution of any such Joint Patents in countries and jurisdictions in the Licensed Territory, at its sole expense, and Cara shall be responsible for the Prosecution of any such Joint Patents in countries and jurisdictions outside the Licensed Territory, at its sole expense, provided that Cara and VFMCRP shall discuss reasonably and endeavor to agree on all filings and responses in the Licensed Territory. Each Party shall keep the other fully informed regarding the filing, prosecution, defense and maintenance of the Joint Patents being prosecuted by such Party (including in any case, a detailed update at least once per Calendar Quarter). If reasonably requested by either Party, the other Party shall provide reasonable assistance and support to such Party in the above Prosecution and Maintenance, provided that any reasonable out-of-pocket costs of such assistance (including appearances at any compelled hearings or preparation or attendance at discovery responses) shall be paid for by the Party providing assistance.
Prosecution and Maintenance of Joint Patents. Kite will control the Prosecution and Maintenance of any Patent covering the Collaboration Invention (“Joint Patent”), including deciding on (i) the content of the application; (ii) the countries in which Prosecution and Maintenance should be conducted, subject to Section 6.3(d); and (iii) the timing for filing of any provisional or regular Patent application. Kite will consult Humanigen in a timely manner and consider Humanigen’s comments in good faith. In the event of conflicting comments to Prosecution and Maintenance, Kite will make the final decision. Kite will provide copies of all Joint Patent applications filed and all related Prosecution and Maintenance documents to Humanigen.
Prosecution and Maintenance of Joint Patents. Licensee will be responsible for the preparation, filing, prosecution and maintenance of Joint Patents, at its own expense. Licensee will provide to POZEN a copy of all proposed filings at least *** (***) days in advance of the filing date and will consider in good faith the requests and suggestions of POZEN with respect to filing and prosecuting the Joint Patents and will keep POZEN promptly informed of progress with regard to the preparation, filing, prosecution and maintenance of Joint Patents. In the event that Licensee desires to abandon any Joint Patent, Licensee will provide reasonable prior written notice to POZEN of such intention to abandon (which notice will, in any event, be given no later than *** (***) days prior to the next deadline for any action that may be taken with respect to such Joint Patent with any applicable patent office in the Territory), and POZEN will have the right to assume responsibility for such Joint Patent. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK ***, HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
Prosecution and Maintenance of Joint Patents. Subject to remainder of this Section 12.5.3, as between the Parties, aTyr will Prosecute and Maintain in the name of aTyr and Kyorin jointly all Patents within the New Joint IP (the “Joint Patents”). The Parties will [***], and Kyorin will reimburse aTyr for its share of Patent Costs for Joint Patents incurred by aTyr within thirty (30) days after receipt of an invoice therefor. aTyr will furnish to Kyorin, via electronic mail or such other method as mutually agreed by the Parties, copies of proposed PCT or national filings and documents received from patent counsel in the course of Prosecuting and Maintaining the Joint Patents, or copies of documents filed with the relevant national patent offices or other Governmental Authorities with respect to such Joint Patents, and such other material documents related to the Prosecution and Maintenance of such Joint Patents, in sufficient time prior to filing such document or making any payment due thereunder to allow for review and comment by Kyorin. aTyr will consider in good faith timely comments and recommendations made by Kyorin in connection with such review.
Prosecution and Maintenance of Joint Patents. 9.7.1 Filing, Prosecution and Maintenance. BIOMIRA and MERCK shall determine, with respect to each JOINT IMPROVEMENT, the procedure and responsibility for filing, prosecuting and maintaining patent applications with respect to such JOINT IMPROVEMENTS. Unless otherwise agreed in writing, all reasonable costs incurred with respect to the filing, prosecution and maintenance of patent applications and patents covering JOINT IMPROVEMENTS, including fees and expenses of patent counsel, shall be borne equally by the parties. Notwithstanding that one party may be delegated responsibility for filing, prosecuting and maintaining patent applications with respect to a particular JOINT IMPROVEMENT, the other party must approve in writing the taking of any material action with respect thereto including without limitation approving any patent application prior to filing. Both BIOMIRA and MERCK shall have the right to participate fully in the formation and implementation of patent strategy.
