Prosecution of Joint Patents. As between Dimension and Bayer, the Parties agree as follows:
Prosecution of Joint Patents. The party having the responsibility to file, prosecute and maintain Joint Patents under Article 6.3 shall comply with the procedure set out in Article 6.6.1, and the other Party shall cooperate as set out in Article 6.6.1.
Prosecution of Joint Patents. Calithera shall be responsible for obtaining, preparing, filing, prosecuting and maintaining Patent Rights, in appropriate countries in the Territory, including the countries reasonably requested by HPP, Covering Joint Inventions (“Joint Patents”). The out-of-pocket costs and expenses incurred to obtain, prosecute and maintain Joint Patents shall be [***]. Calithera shall keep HPP informed of the status of all pending Joint Patents. In the event that HPP believes that such patent strategy would have an unreasonable, adverse, economic effect on High Point’s rights under this Agreement (including inventorship or the value of any rights that HPP may obtain under Section 12.5), HPP may elect to submit the dispute to an independent Third Party patent counsel mutually agreed by Calithera and HPP, at HPP’s cost and expense. If such patent counsel determines that such patent strategy would have an unreasonable, adverse economic effect on High Point’s rights under this Agreement (including inventorship or the value of any rights that HPP may obtain under Section 12.5), then Calithera shall incorporate comments and adjust patent strategy as advised by such independent Third Party patent counsel, and Calithera shall [***]. Calithera shall not abandon any Joint Patent without at least thirty (30) days’ prior notice to HPP. If Calithera determines to abandon any Joint Patent in all or any portion of the Territory (the “Abandoned Joint Patent”), Calithera shall notify HPP of such determination. If HPP wishes to continue to prosecute and maintain the Abandoned Joint Patent, Calithera shall have the option to continue to prosecute and maintain the Abandoned Joint Patent at its expense or allow HPP to have the sole right, but not the obligation, to continue to prosecute and maintain the Abandoned Joint Patent [***]. Notwithstanding anything to the contrary, Calithera shall have the option to regain control of prosecution and maintenance of an Abandoned Joint Patent at any time, subject to [***] and [***] for such Abandoned Joint Patent. If Calithera or HPP elects to continue to prosecute and maintain any Abandoned Joint Patent, the other shall reasonably cooperate to transfer prosecution and maintenance of such Abandoned Joint Patent.
Prosecution of Joint Patents. Licensee will have the primary responsibility to file, prosecute, maintain and enforce any Patent Covering a Joint Invention (“Joint Patents”) through use of Licensee’s counsel or outside patent attorney at [***] expense. Licensee will keep Xxxxxxx reasonably informed of the prosecution status of the Joint Patents by [***].
Prosecution of Joint Patents. The JDC shall determine which party shall be responsible for obtaining, prosecuting and/or maintaining patents and patent applications, in appropriate countries in the Territory, covering Joint Inventions owned by Quark and Pfizer (“Joint Patents”). The out-of-pocket costs and expenses incurred to obtain, prosecute and maintain Joint Patents shall be: (a) [ * ], and (b) [ * ]. Either party may decline to bear its share of the costs and expenses to file, prosecute and/or maintain any particular Joint Patent in one or more countries. In that case, the other party may undertake the responsibility for filing, prosecuting and/or maintaining such Joint Patent at its own expense, and if it does so, the declining party shall assign to the other party all its right, title and interest to any such Joint Patent(s), and upon such assignment such Joint Patent(s) shall become solely Pfizer Patent Rights or Quark Patent Rights, as the case may be.
Prosecution of Joint Patents. Prior to preparation and filing of any Joint Patent, the Parties shall consult with one another and mutually agree upon a lead Party to file, prosecute and maintain such Joint Patent under the names of both Array and Ono. The Joint Patents shall be prepared and prosecuted by a mutually acceptable patent law firm and allocation of costs for preparation, filing, prosecution and maintenance shall be agreed by the Parties prior to preparation and filing of such Joint Patent. Notwithstanding the foregoing, either Party may elect not to support the filing, prosecution and maintenance of all or part of any Joint Patent in any country in the world.
Prosecution of Joint Patents. (a) Akebia will have the first right of election to file patent applications for Joint Inventions. If Akebia declines to file such applications then Licensee may do so. On a semi-annual basis, Akebia shall provide to Licensee a written summary of the status of all Akebia Patents, including patent applications within Akebia Patents in the Territory. On the reasonable request of Akebia, Licensee shall cooperate with Akebia in connection with the prosecution of all patent applications included within Joint Patents.
Prosecution of Joint Patents. Collagenex will have first right to control the preparation, filing and prosecution of joint patents and patent applications and the maintenance of patents issuing thereon, and QuatRx shall cooperate reasonably with Collagenex in such prosecution efforts. Collagenex shall pay all expenses in connection with its preparation, filing and prosecution of such patents. Collagenex shall, from time to time (no more often than once per calendar quarter), notify QuatRx of the actual amount of out-of-pocket expenses incurred in such efforts, and QuatRx shall promptly thereafter pay Collagenex 50% of such out-of-pocket
Prosecution of Joint Patents. (i) [***] shall, using legal counsel of its choice that is reasonably acceptable to [***], have the first right, but not the obligation, to obtain, prosecute (including any oppositions, post-grant reviews, inter partes proceedings or supplementary protection certificates, in each case in respect of Joint Patents), and maintaining a Joint Patent throughout the world. If [***] declines, or otherwise fails, to initiate any such requested action with respect to a Joint Patent within [***] ([***]) days after notice of the applicable Invention or Information (or, if after initiating any requested action, [***] at any time thereafter fails to [***]), in each case [***] 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. 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, 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 the relevant Party assignee in such country or countries, as the case may be.
Prosecution of Joint Patents. CISTRON shall have sole responsibility for the filing, prosecuting and maintaining of appropriate worldwide patents and patent applications for the JOINT PATENTS using counsel reasonably acceptable to DUKE, and CISTRON shall pay all expenses incurred in such activities. CISTRON shall keep DUKE advised as to the prosecution of such applications by forwarding to DUKE copies of all official correspondence relating thereto. CISTRON and DUKE agree to cooperate in the prosecution of worldwide JOINT PATENTS to insure that the applications reflect, to the best of both parties' knowledge, all items of commercial and technical interest and importance. CISTRON agrees to allow DUKE sufficient time to make suggestions with regard to patent prosecution and to give such suggestions reasonable consideration. CISTRON will not abandon, nor allow to go abandoned, any patent application that is included in JOINT PATENTS without first giving DUKE written notice that CISTRON intends to abandon such an application, such notice to be given in sufficient time for DUKE to assume responsibility for prosecution of such JOINT PATENTS. In the event that DUKE assumes responsibility for prosecuting any JOINT PATENT that CISTRON intends to abandon, CISTRON shall lose all rights in such application, and DUKE shall assume full financial responsibility for the prosecution and maintenance of such an application.
