Prosecution and Maintenance of Licensed Patent Rights. Except as otherwise agreed by the Parties, beginning on the Effective Date, TARCANTA and TARCANTA LTD. shall be responsible for the preparation, filing, prosecution and maintenance of any and all patent applications and patents in the Territory that are included in the Licensed Patent Rights, including all payment obligations, with the exception of (a) those patents and patent applications designated in Exhibit A as related to the "Neisseria P64K Protein" technology, which shall be prepared, filed, prosecuted and maintained by HEBER or its Licensor, consistent with its obligations to CIMAB, and (b) the patents and patent applications designated in Exhibit A as "HER-1" technology, which shall be prepared, filed, prosecuted and maintained by CIM, in consultation with TARCANTA and TARCANTA LTD., consistent with its obligations to CIMAB and with CIMAB's obligations to TARCANTA and TARCANTA LTD.; provided, however, that if the Parties agree in the future to separate the claims thereof into applications which solely cover the HER-1 technology, then TARCANTA and TARCANTA LTD. shall from such point forward, bear the responsibility for the preparation, filing, prosecution and maintenance of patents and patent applications which relate solely to the HER-1 technology.
10.3.1 CIMAB shall execute all necessary documents and otherwise provide reasonable assistance, free of charge, to TARCANTA and TARCANTA LTD. for all actions TARCANTA and TARCANTA LTD. reasonably deem necessary to undertake relating to the preparation, filing, prosecution, and maintenance of any and all patent applications and patents in the Territory that are included in the Licensed Patent Rights.
10.3.2 CIMAB shall promptly inform TARCANTA and TARCANTA LTD. as to all matters that come to its attention or to the attention of its Licensors that may affect the preparation, filing, prosecution or maintenance of the Licensed Patent Rights in the Territory or elsewhere, including, without limitation, all information with respect to the preparation, filing, prosecution and maintenance of those patent applications designated in Exhibit A as related to the "Neisseria P64K Protein" technology and to the "HER-1" technology.
10.3.3 Upon thirty (30) days written notice to CIMAB, TARCANTA and/or TARCANTA LTD. may abandon their rights under this Agreement in any country(ies) in the Territory and thereafter owe no payment under Section 10.3 or any other obligation of this Agreement in those country(ies) as of the ef...
Prosecution and Maintenance of Licensed Patent Rights. (a) Licensor shall have the sole right, at its sole expense and discretion, to Prosecute and Maintain Licensed Patent Rights in countries other than Listed Countries and shall provide Licensee with prompt written notice of the countries in which it exercises such right.
(b) Subject to Section 5.2(a), Licensee shall have the right, at is sole expense and discretion, to Prosecute and Maintain all Patent Rights owned or controlled by Licensee. In addition, Licensee shall have the first right, at its sole expense and discretion, to Prosecute and Maintain all Licensed Patent Rights in the Listed Countries. In the event Licensee fails or chooses not to Prosecute or Maintain any Licensed Patent Rights in a Listed Country, Licensor shall have the right, but not the obligation, at its sole expense and discretion, to Prosecute and Maintain such Licensed Patent Rights in such Listed Country. Prior to exercising such right, Licensor shall consult with Licensee and give good faith consideration to Licensee’s reasons for not Prosecuting and Maintaining such Licensed Patent Rights in such Listed Country.
(c) With respect to the Prosecution and Maintenance of Licensed Patent Rights, Licensee shall: (i) choose patent counsel reasonably acceptable to Licensor; and (ii) instruct such patent counsel to furnish Licensor with copies of all correspondence relating to the Licensed Patent Rights received from the United States Patent and Trademark Office and any other patent office promptly after receipt (but in any event, no later than [**] after it is received), (iii) instruct such patent counsel to furnish Licensor with copies of all correspondence relating to the Licensed Patent Rights sent to the United States Patent and Trademark Office and any other patent office promptly after it is sent (but in any event, no later than [**] after it is sent), and (iv) instruct such patent counsel to furnish Licensor with copies of all proposed filings or other correspondence to the United States Patent and Trademark Office and any other patent office sufficiently in advance of such filing to permit Licensor a reasonable opportunity to review and comment on such response. Licensee [**] the comments and requests of Licensor with respect to the Prosecution and Maintenance of the applicable Licensed Patent Rights. During the Term, Licensee shall notify Licensor at least [**] in advance of the next deadline if (A) Licensee decides that it does not wish to continue paying for the Prosecution an...
Prosecution and Maintenance of Licensed Patent Rights. (a) During the Term and thereafter, HARPOON shall remain solely responsible for the Prosecution and Maintenance of all HARPOON Intellectual Property worldwide and TCR2 shall remain solely responsible for the Prosecution and Maintenance of all TCR2 Intellectual Property worldwide.
(b) The Party controlling the Prosecution and Maintenance of the applicable Licensed Patent Rights in accordance with Section 5.2(a) is referred to as the “Prosecuting Party”. The Prosecuting Party shall be responsible for all fees and costs charged by patent counsel with respect to the Prosecution and Maintenance of the applicable Licensed Patent Rights and all other out-of-pocket costs and expenses incurred by the Prosecuting Party in connection with such Prosecution and Maintenance of the applicable Licensed Patent Rights during the Term. For clarity, such expenses shall not include any actions undertaken by the other Party other than at the Prosecuting Party’s request.
Prosecution and Maintenance of Licensed Patent Rights. NOVARTIS shall be responsible for filing, prosecuting (including in connection with any reexaminations, oppositions and the like) and maintaining the Licensed Patent Rights in the Territory. NOVARTIS shall be responsible for all costs and expenses in connection with such filing, prosecution and maintenance, provided that if NOVARTIS provides LICENSEE with a notice of intent to abandon, or not file a patent application included in, any of the Licensed Patent Rights at least sixty (60) days in advance of the relevant deadline: (a) NOVARTIS shall no longer be responsible for such costs and expenses relating to filing, prosecuting and maintaining (as applicable) such Licensed Patent Right; (b) LICENSEE may, or may allow a Third Party to, file, prosecute and maintain (in its sole discretion), at its sole cost, such Licensed Patent Right; and (c) upon LICENSEE’s request, NOVARTIS shall promptly provide all files related to filing, prosecuting and maintaining such Licensed Patent Right to counsel designated by LICENSEE.
Prosecution and Maintenance of Licensed Patent Rights. (a) As of the Effective Date, CDI shall have the first right to Prosecute and Maintain all Licensed Patent Rights worldwide within the Field; provided that, subject to Section 5.2(b), CDI shall consult with and take into good-faith consideration reasonably in advance any comments from Century with respect to such Prosecution and Maintenance, provided further that Century shall respond to CDI’s request for consultation in a timely and diligent manner. CDI shall pursue in good faith all reasonable claims requested by Century in the prosecution of any Licensed Patent Rights in the Territory. In the event CDI fails or chooses not to Prosecute or Maintain any Licensed Patent Rights in a country within the Field, CDI shall provide Century written notice of such decision at least thirty (30) days before any deadline for taking action to avoid abandonment (or other loss of rights) of such Licensed Patent Rights within the Field and Century shall have the right, but not the obligation, in its sole discretion, to Prosecute and Maintain such Licensed Patent Rights in such country within the Field at its own expense.
(b) With respect to the Prosecution and Maintenance of any Licensed Patent Rights by CDI, CDI shall: (i) choose patent counsel reasonably acceptable to the other Party; (ii) instruct such patent counsel to furnish Century with copies of all correspondence relating to the Licensed Patent Rights within the Field received from the United States Patent and Trademark Office and any other patent office promptly after receipt; (iii) instruct such patent counsel to furnish Century with copies of all correspondence relating to the Licensed Patent Rights within the Field sent to the United States Patent and Trademark Office and any other patent office promptly after it is sent; and (iv) instruct such patent counsel to furnish Century with copies of all proposed filings or other correspondence to the United States Patent and Trademark Office and any other patent office in advance of such filing to permit Century a reasonable opportunity to review and comment on such response. CDI shall include any reasonable and timely comments from Century with respect to the Prosecution and Maintenance of the applicable Licensed Patent Rights within the Field within the Territory and shall instruct its patent counsel to do so. Further, CDI shall permit Century to directly communicate with the its patent counsel so long as CDI is copied in all important communication and shall not ...
Prosecution and Maintenance of Licensed Patent Rights. LICENSEE shall be responsible for filing, prosecuting (including in connection with any reexaminations, oppositions and the like) and maintaining the Licensed Patent Rights in the Territory. LICENSEE shall file, prosecute and maintain the Licensed Patent Rights using qualified outside patent counsel and foreign patent associates selected by LICENSEE, provided that LICENSEE identifies such counsel for PFIZER in advance and PFIZER consents to such counsel (such consent not to be unreasonably withheld or delayed). LICENSEE shall be responsible for all costs and expenses in connection with such filing, prosecution and maintenance, provided that if LICENSEE provides PFIZER with a written request to abandon, or not file a patent application included in, any of the Licensed Patent Rights at least sixty (60) days in advance of the relevant deadline: (a) LICENSEE shall no longer be responsible for such costs and expenses relating to filing, prosecuting and maintaining (as applicable) such Licensed Patent Right; (b) PFIZER may, or may allow a Third Party to, file, prosecute and maintain (in its sole discretion) such Licensed Patent Right; (c) upon PFIZER’s request, LICENSEE shall promptly provide all files related to filing, prosecuting and maintaining such Licensed Patent Right to counsel designated by PFIZER; and (d) the term “Licensed Patent Rights” automatically shall be modified to exclude such patent or patent application as of the date LICENSEE provides such written request to PFIZER.
Prosecution and Maintenance of Licensed Patent Rights. Sopharma shall have full control over the prosecution and maintenance of the patent applications and patents contained in the Licensed Patent Rights, including the obligation to prepare, file, prosecute, maintain, defend or extend all patent applications and issued patents covered by Licensed Patent Rights, provided, however, that Sopharma shall reasonably consult with Extab, and follow Extab’s reasonable general directions, on the most appropriate manner to prosecute and maintain patent applications and issued patents in the Licensed Patent Rights in the Extab Territory to protect the mutual interests of the Parties. Sopharma and its patent counsel will Keep Extab advised of the status of such prosecution and maintenance of Licensed Patent rights in the Extab Territory by reasonably consulting with Extab in connection with such prosecution and maintenance, and by providing Extab with copies of all patent applications and patents, and all official communications with respect to such patent applications and patents contained in Licensed Patent Rights as follows:
(a) in respect of any urgent or material communication Sopharma shall ensure that this is provided promptly to Extab after the date of receipt;
(b) In all other cases Sopharma shall provide for a quarterly update within 30 days of the end of each calendar quarter commencing on the Effective Date.
Prosecution and Maintenance of Licensed Patent Rights. NephroGenex shall, at BioStratum’s expense and with the assistance of patent counsel designated by NephroGenex (i) file, maintain, prosecute and enforce all patent applications, and patents included in the Licensed Intellectual Property necessary for BioStratum to fulfill its obligations under the Kowa Agreement, provided, all such patent applications and patents shall be in the name of NephroGenex or in the case of Licensed Intellectual Property licensed from a third party, such third party licensor; and (ii) perform any other obligations of BioStratum to Kowa under Section 12.1 of the Kowa Agreement. NephroGenex shall assist BioStratum, at BioStratum’s expense, to take actions against actual or alleged infringers of the Licensed Intellectual Property as set forth in Section 12.3 of the Kowa Agreement. NephroGenex hereby designates and appoints BioStratum and its agents as attorney-in-fact to act for and in NephroGenex’s behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by NephroGenex.
Prosecution and Maintenance of Licensed Patent Rights. Cara shall have the sole right (except as otherwise provided below and be responsible for the Prosecution of the Licensed Patent Rights throughout the Licensed Territory, at its own expense (except as provided below) and at its reasonable discretion. VFMCRP shall reimburse Cara for [***] of annual maintenance fee costs for Licensed Patents in the Licensed Territory, based on invoices submitted. Cara shall keep VFMCRP fully informed regarding the filing, prosecution, defense and maintenance of such Licensed Patent Rights (including in any case, a detailed update at least once per Calendar Year). If reasonably requested by Cara, VFMCRP shall provide reasonable assistance and support to Cara 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 Cara.
Prosecution and Maintenance of Licensed Patent Rights. Primary responsibility for preparing, filing, prosecuting and maintaining the Licensed Patent Rights shall be as follows:
