Prosecution of Joint Patent Rights. If [*] decides not to file or to abandon any Joint Patent Right, [*] shall, at its sole expense, have the option to file or continue to prosecute and maintain such Joint Patent Right [*], and [*] shall consider in good faith any comments provided by [*] with respect to such prosecution matters; provided, however, that if [*] any such Joint Patent Right [*] for [*], [*] prosecute any such Joint Patent Rights pursuant to this Section 7.3(e). Any Joint Patent Right prosecuted and maintained by [*] pursuant to this Section 7.3(e) shall [*] and shall [*] and [*], as applicable. If [*] intended position in the prosecution or maintenance of the Joint Patent Rights pursuant to this Section 7.3(e) would be reasonably expected to have a material adverse effect on the Commercialization of the Products in the Field [*] and [*] notifies [*] of its objection to such prosecution or maintenance position, the Parties shall meet and discuss such objection in good faith and use reasonable efforts to determine a mutually agreeable prosecution or maintenance strategy, provided that if the Parties fail to agree and [*] maintains its objection, [*].
Prosecution of Joint Patent Rights. SENOMYX will have the first right to file, prosecute (including an opposition or interference) and maintain Joint Patent Rights. PEPSICO will use commercially reasonable efforts to cooperate in, the filing, prosecution and maintenance of Joint Patent Rights and will share equally in reasonable expenses incurred with respect thereto.
Prosecution of Joint Patent Rights. The Parties will decide on a case by case basis which Party will have the responsibility for handling the filing, prosecution and maintenance of any Joint Patent Rights. Unless agreed otherwise, the Parties will bear the costs of such filing, prosecution and maintenance of Joint Patent Rights according to their share in the property of the underlying invention. In making such a decision, the principles observed by the Parties will be the relative contributions of each Party to the joint invention, the standards and customs in the industry and expected efficiency in patenting procedures.
Prosecution of Joint Patent Rights. River Vision shall be the Responsible Party for preparing, filing, prosecuting or maintaining Joint Patents, with the parties’ sharing equally the expense thereof. River Vision shall not discontinue prosecution or maintenance of Joint Patents without at least [***] days prior written notice to Roche. If River Vision decides to discontinue prosecution or maintenance of any Joint Patents, Roche shall have the option to continue to prosecute or maintain such Joint Patents, at Roche’s sole expense.
Prosecution of Joint Patent Rights. SYNTA shall be responsible for preparing, filing, prosecuting, or maintaining Joint Patent Rights in appropriate countries in the Territory. The out-of-pocket costs and expenses incurred to obtain, prosecute and maintain Joint Patent Rights shall be [***]; provided that [***] may elect, at its sole discretion, on a country-by-country basis, to discontinue paying such out-of-pocket expenses with respect to any Joint Patent Right and in such case all licenses granted hereunder to [***] under any such Joint Patent Right shall immediately terminate. SYNTA shall keep ROCHE informed of the status of all pending applications disclosing Joint Inventions, and shall consider in good faith all of ROCHE’s comments regarding any aspect of such patent prosecution. SYNTA shall not discontinue prosecution or maintenance of any Joint Patent Right without at least [***] ([***]) prior written notice to ROCHE. If SYNTA decides to discontinue prosecution or maintenance of any Joint Patent Rights, ROCHE shall have the option to continue to prosecute and maintain such Joint Patent Rights, at ROCHE’s sole expense, and in such case, except for the change in responsibility for prosecuting and maintaining Joint Patent Rights under this Section 8.2.3, no changes in ownership or licensing terms pertaining to any such Joint Patent Rights shall occur.
Prosecution of Joint Patent Rights. Processa shall be responsible for obtaining, prosecuting, and/or maintaining patents and patent applications, in any countries in the Territory, Covering Joint Inventions (“Joint Patent Rights”). The out-of-pocket costs and expenses incurred to obtain, prosecute and maintain Joint Patent Rights shall be borne one-hundred percent (100%) by Processa. Processa shall keep Elion informed of the status of all pending Joint Patent Rights. Processa, its agents and attorneys shall not unreasonably decline to implement or incorporate any comments of Elion regarding any aspect of such patent prosecutions. Processa shall not abandon any Joint Patent Right without at least ninety (90) days’ prior notice to Elion. If Processa decides to abandon any Joint Patent Right, Elion shall have the option to continue to prosecute and maintain such Joint Patent Right jointly in both Parties’ names, at Elion’s sole expense.
Prosecution of Joint Patent Rights. Processa shall be responsible for obtaining, prosecuting, and/or maintaining patents and patent applications, in any countries in the Territory, Covering Joint Inventions (“Joint Patent Rights”). Processa shall control such prosecution and maintenance of the Joint Patent Rights. The out-of-pocket costs and expenses incurred to obtain, prosecute and maintain Joint Patent Rights shall be borne one-hundred percent (100%) by Processa. Processa shall keep Ocuphire informed of the status of all pending Joint Patent Rights, and shall use reasonable efforts to solicit Ocuphire’s comments on material prosecution matters related to the Joint Patent Rights. Processa, its agents and attorneys shall not unreasonably decline to implement or incorporate any comments of Ocuphire regarding any aspect of such patent prosecutions. Processa shall not abandon any Joint Patent Right without at least ninety (90) days’ prior notice to Ocuphire. If Processa decides to abandon any Joint Patent Right, Ocuphire shall have the option to continue to prosecute and maintain such Joint Patent Right in Ocuphire’s name, at Ocuphire’s sole expense.
Prosecution of Joint Patent Rights. All patent applications and patents included in the Joint Intellectual Property shall be defined as “Joint Patent Rights”. SETI shall be responsible for the costs of the mutual patent filings with respect to all Joint Patent Rights. The decision to file for a patent application that would be a Joint Patent Right shall be agreed upon by the TDB, and the TDB shall select a mutually acceptable patent counsel to file and prosecute such patent applications in the name of both Parties. The patent counsel shall be deemed to jointly represent EPIR and SETI and shall take direction from the TDB. If SETI fails to pay the fees and expenses of the selected patent counsel, the parties agree that the patent counsel may withdraw from representation of both parties in matters arising under this Agreement and SETI shall assign to EPIR its entire right, title and interest in and to the Joint Patent Rights. If SETI desires to abandon a Joint Patent Right, then, at least sixty (60) days prior to such Joint Patent Right becoming abandoned, SETI will assign its entire right, title and interest in such Joint Patent Right to EPIR and EPIR may, at EPIR’s sole discretion and expense, file or continue prosecution or maintenance of such Joint Patent Right. In either such event, upon request from EPIR, SETI will execute such documents and perform such acts, at EPIR’s expense, as may be reasonably necessary to effect such assignment and permit EPIR to file, prosecute or maintain such Joint Patent Right.
Prosecution of Joint Patent Rights. The Patent Coordinators shall determine which Party shall be responsible for the preparation, filing, prosecution, maintenance and enforcement of the Joint Patent Rights. Each Party shall bear fifty percent (50%) of the costs incurred by the prosecuting Party with respect to the preparation, filing, prosecution and maintenance of the Joint Patent Rights; provided, however, that if either Party elects not to pay its share of such costs with respect to any Joint Patent Right in one or more countries, such Party shall so notify the other Party and the other Party shall have the right to prepare, file, prosecute and maintain such Joint Patent Right in such countries at its sole cost and expense. If a Party elects to prepare, file, prosecute and maintain a Joint Patent Right in such countries at its sole cost and expense in accordance with the immediately preceding sentence, then the other Party shall cooperate with such Party to transfer all patent activities relating to such Joint Patent Right in such countries to such Party (to the extent that such Party is not already in control of such activities), including by executing and filing of appropriate instruments to facilitate the transition of such patent activities, and shall assign all of its rights, title and interests in, to and under such Joint Patent Right to such Party. Upon assignment pursuant to the immediately preceding sentence, the assigned Patent Right shall cease to be a Joint Patent Right in such countries for purposes of this Agreement and shall be deemed to be a Biogen Patent Right (if Biogen is the assignee) or an Intec Pharma Patent Right (if Intec Pharma is the assignee).
Prosecution of Joint Patent Rights. Newsoara shall be responsible for obtaining, prosecuting, and/or maintaining Patent Rights covering Joint Inventions (“Joint Patent Rights”) on a worldwide basis, including countries or regions reasonably requested by vTv, in the name of both Parties; provided, however, that Newsoara shall notify vTv in writing within [***] Business Days after filing any patent application that falls within the definition of Joint Patent Rights. The out-of-pocket costs and expenses incurred to draft an application included in Joint Patent Rights, to file and prosecute the Patent Cooperation Treaty (PCT) application included in Joint Patent Rights before the national phase deadline, and obtain, prosecute and maintain Joint Patent Rights inside the Territory shall be borne [***] by [***]. The out-of-pocket costs and expenses solely incurred to obtain, prosecute and maintain Joint Patent Rights outside the Territory shall be borne [***] by [***]. Newsoara shall notify vTv at least [***] days prior to the earliest deadline for entering into national phase with respect to any Patent Cooperation Treaty (PCT) application included in the Joint Patent Rights. No later than [***] days prior to the earliest deadline to enter into national phase, vTv shall provide Newsoara with a list of any country or region outside the Territory in which vTv would like Newsoara to file. Newsoara shall keep vTv informed of the status of all pending Joint Patent Rights. Newsoara, its agents and attorneys shall implement or incorporate, absent a substantial reason to the contrary, all comments of vTv regarding any aspect of such patent prosecutions. Newsoara shall not abandon any Joint Patent Rights (the “Abandoned Joint Patents”) in any country or territory without at least [***] days’ prior notice to vTv. If Newsoara decides to abandon any Joint Patent Rights or refuses to pay due expense for the Joint Patent Rights, vTv shall have the option, at its sole expense, to continue to prosecute and maintain the Abandoned Joint Patents by providing written notice to Newsoara. Upon vTv’s exercise of such option, Newsoara shall promptly provide vTv with the appropriate documents to allow vTv to continue to prosecute or maintain such Abandoned Joint Patents.
