Prosecution & Maintenance. COMPANY will bear all expenses relating to the filing, prosecution, and maintenance of all PATENT RIGHTS after the EFFECTIVE DATE. Upon approval of the law firm by LICENSOR, COMPANY may oversee future patent prosecution using its patent counsel and pay patent expenses directly, so long as LICENSOR is copied on all correspondence and notified prior to any substantive actions. Title to all patents and patent applications shall reside in LICENSOR. COMPANY shall (a) cause its patent counsel to timely copy LICNESOR on all official actions and written correspondence with any patent office, and (b) allow LICENSOR and/or its counsel an opportunity and reasonably sufficient time to comment and advise COMPANY with respect thereto. COMPANY shall consider in good faith and reasonably incorporate all comments and advice from LICENSOR. At least thirty (30) days in advance of any filing or response deadline, or fee due date, COMPANY may elect not to have a patent application filed in any particular country or not to pay expenses associated with prosecuting or maintaining any patent application or patent within PATENT RIGHTS, provided that COMPANY pays for all costs incurred up to LICENSOR’S receipt of such notification. Failure to provide such notification will be considered by LICENSOR to be COMPANY’s willingness to proceed at COMPANY’s expense. Upon such notification, at LICENSOR’S own expense, LICENSOR may file, prosecute, and/or maintain such patent applications or patent within the PATENT RIGHTS with respect to which COMPANY has made the foregoing decision(s) (collectively, the “COMPANY-ABANDONED PATENTS”), and any rights or license granted hereunder held by COMPANY, AFFILIATED COMPANIES or SUBLICENSEE(S) relating to COMPANY-ABANDONED PATENTS shall terminate.
Prosecution & Maintenance. JHU, at its sole option and discretion, shall file, prosecute and maintain all patents specified under PATENT RIGHT(S). Title to all such patents and patent applications shall reside in JHU. JHU shall have full and complete control over all patent matters in connection therewith under the PATENT RIGHT(S).
Prosecution & Maintenance. JHU, at Company’s expense, shall file, prosecute and maintain all patents and patent applications specified under PATENT RIGHTS and, subject to the terms and conditions of this Agreement, Company shall be licensed thereunder. Title to all such patents and patent applications shall reside in JHU. JHU shall have full and complete control over all patent matters in connection therewith under the PATENT RIGHTS, provided however, that JHU shall (a) cause its patent counsel to timely copy Company on all official actions and written correspondence with any patent office, and (b) allow Company an opportunity to comment and advise JHU. JHU shall consider and reasonably incorporate all comments and advice unless detrimental to JHU’s intellectual property rights. By concurrent written notification to JHU and its patent counsel at least [**] days in advance (or later at JHU’s discretion) of any filing or response deadline, or fee due date, Company may elect not to have a patent application filed in any particular country or not to pay expenses associated with prosecuting or maintaining any patent application or patent, provided that Company pays for all costs incurred up to JHU’s receipt of such notification. Failure to provide such notification can be considered by JHU to be Company’s authorization to proceed at Company’s expense. Upon such notification, JHU may file, prosecute, and/or maintain such patent applications or patent at its own expense and for its own benefit, and any rights or license granted hereunder held by Company, AFFILIATED COMPANIES or SUBLICENSEE(S) relating to the PATENT RIGHTS which comprise such patent applications or patent and/or apply to the particular country, shall terminate.
Prosecution & Maintenance. (a) Except as otherwise set forth in Section 4.2, SharkNinja shall have the sole and exclusive right and option to determine whether to file, prosecute or maintain any registrations or applications for registration of any of the Licensed SN IP (the “Registered SN IP”) in the JSG Territory, at SharkNinja’s cost and expense.
(b) JSG shall have the right to request that SharkNinja file any (i) reasonable applications for registration of unregistered Licensed SN IP with the appropriate Governmental Entity in the JSG Territory, and (ii) reasonable documents to record with the relevant Governmental Entity in the JSG Territory Intellectual Property assignment agreements and other Contracts or documentation necessary for SharkNinja to be recorded as the owner of record with the relevant Governmental Entity in the JSG Territory for each item of Registered SN IP. SharkNinja shall consider such requests in good faith, and not unreasonably refuse to approve such requests. With respect to applications for registration, provided that such rights are determined to be available for registration following such clearance searches as deemed necessary in SharkNinja’s reasonable business judgment, SharkNinja shall promptly make such filings in its own name and shall own all resulting registrations and related rights. In the event that SharkNinja approves such request, SharkNinja shall use commercially reasonable efforts to accomplish such requests, at JSG’s cost and expense.
(c) Each Party shall not, and shall cause its Affiliates and Sublicensees not to, file, prosecute or maintain, (i) in the case of JSG, any Registered SN IP (or any other Intellectual Property that it or they know is owned by SharkNinja or its Affiliates), and (ii), in the case of SharkNinja, any Licensed JSG IP that is the subject of registrations or applications for registration thereof (or any other Intellectual Property that it or they know is owned by JSG or its Affiliates).
Prosecution & Maintenance. The Company and its Subsidiaries have complied with their duty of candor and disclosure to, and have not made any material misrepresentation to the United States Patent and Trademark Office and any equivalent authority anywhere in the world with respect to all applications for Patent Rights and Trademark applications filed by or on behalf of the Company or any Company Subsidiary. All application filing fees, other filing fees and charges, and all maintenance, renewal and other fees required to be paid to a Governmental Entity on account of any of the Company Registered Intellectual Property have been timely paid, excluding any such fees for Company Registered Intellectual Property that the Company or its Subsidiaries have elected in their sole discretion to abandon or permit to lapse.
Prosecution & Maintenance. (i) To the Knowledge of Seller, Licensee has paid, or caused to be paid, all required prosecution and maintenance fees and like payments with respect to the Listed Patents that are Collaboration Patents (both before and after the IND clearance for Specified Dostarlimab) except as noted on Schedule 4.11(a). Seller has not received any written notice from the Licensee or any other Person to the effect that, and Seller otherwise has no Knowledge that the Licensee has
(ii) Seller paid, or caused to be paid, and, to the Knowledge of Seller, Licensee has paid, or caused to be paid, all required prosecution and maintenance fees and like payments with respect to the Listed Patents that are AnaptysBio Patents (both before and after the IND clearance for Specified Dostarlimab). Seller has not received any written notice from the Licensee or any other Person to the effect that, and Seller otherwise has no Knowledge that the Licensee has not paid, or caused to be paid, all required prosecution and maintenance fees and like payments with respect to the Listed Patents that are AnaptysBio Patents. Seller has not received any written notice from the Licensee to the effect that the Licensee believes, or that any other Person has asserted, and Seller otherwise has no Knowledge, that any of the Listed Patents that are AnaptysBio Patents have entered the public domain, disclaimed, lapsed, expired or otherwise been terminated or adjudicated as invalid or unenforceable. Seller has reasonably cooperated with and assisted the Licensee in connection with activities reasonably necessary in order for the Licensee to continue any Prosecution and Maintenance of the Listed Patents that are AnaptysBio Patents. The Licensee has kept Seller reasonably informed with respect to the prosecution and issuance of (including by providing prompt notice of all material matters related thereto) and cooperated reasonably with, and, to the Knowledge of Seller, will continue to keep Seller reasonably informed and cooperate with, Seller and its counsel in the prosecution, maintenance, and extensions of the Listed Patents that are AnaptysBio Patents.
Prosecution & Maintenance. (a) PMP shall have the right to prepare, prosecute and maintain the PMP Patents in PMP’s name and shall take all reasonable steps to prosecute each such PMP Patent (including, for the avoidance of doubt, in respect of those patents listed at Schedule A), unless, in PMP’s reasonable judgment, such patent is no longer used or useful in the conduct of PMP’s business or otherwise is not of material value. PMP shall give Medicago advance notice of, reasonable access to and an opportunity to comment on all patent applications and prosecution filings before they are filed. PMP shall consult with Medicago in drafting any such patents or patent applications, and in formulating responses to office actions or patent proceedings in respect of those PMP Patents. PMP and Medicago shall split the reasonable expense of such prosecution on a 50/50 basis.
(b) Medicago shall have the right to prepare, file, prosecute and maintain any patent and patent applications directed to the Technology Improvements and shall take all reasonable steps to prosecute each such patent, unless, in Medicago’s reasonable judgment, such patent is no longer used or useful in the conduct of Medicago’s business or otherwise is not of material value. Medicago shall give PMP advance notice of, reasonable access to and an opportunity to comment on all patent applications and prosecution filings before they are filed. Medicago shall consult with PMP in drafting any such patents or patent applications, and in formulating responses to office actions or patent proceedings with respect to the Technology Improvements. Medicago and PMP shall split the reasonable expense of such prosecution on a 50/50 basis.
Prosecution & Maintenance. (a) Company shall be responsible, at its expense, for filing, prosecuting and maintaining all jointly owned patents and patent applications within the PATENT RIGHTS (“JOINTLY OWNED PATENT RIGHTS”) using counsel of its choice. Company shall have control over all patent matters in connection with the JOINTLY OWNED PATENT RIGHTS, provided however, that Company shall (i) cause its patent counsel to timely copy JHU on all correspondence regarding strategy, filing and prosecution of all patents and patent applications within the JOINTLY OWNED PATENT RIGHTS, between Company’s patent counsel and any [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Prosecution & Maintenance. The Parties shall reasonably cooperate with each other in preparing and filing all appropriate documentation in connection with any patent applications or patents under this Section 3(c). Subject to the terms and conditions of any agreement(s) with
Prosecution & Maintenance. PGI shall be responsible, using counsel of its choice, for preparing, prosecuting and maintaining the PGI Licensed Patents and for maintaining the Veteran’s Administration Licensed Patents (“Prosecution Activities”) during the Term of this Agreement. Amarantus shall reimburse PGI for all Third Party costs and expenses associated with such Prosecution Activities (the “Prosecution Costs”) incurred by PGI during the Term which are associated with reasonable Prosecution Activities in the Territory. PGI shall keep Amarantus reasonably apprised of all material written correspondence to and from the relevant patent offices governing rights in the Territory in a manner to permit Amarantus to comment thereon. PGI shall take into due and reasonable consideration all such comments and shall incorporate same as determined in its sole discretion, exercised reasonably, prior to submitting its correspondence, submissions and filing to the patent offices with respect to PGI Licensed Patents and, shall relay to the Veteran’s Administration such comments with respect to Veteran’s Administration Licensed Patents. If PGI determines to abandon any claims of any Licensed Patent anywhere in the Territory, then PGI shall provide Amarantus with notice at least sixty (60) days prior to the date such abandonment would become effective. In such event, to the extent PGI has the right to authorize Amarantus to do so, Amarantus shall have the right, at its option, to control the prosecution and maintenance of such claims at its own expense.
