Prosecution of New Patents Sample Clauses

Prosecution of New Patents. (a) Genentech shall have the first right, using in-house or outside legal counsel selected at Genentech’s sole discretion, to prepare, file, prosecute, maintain and obtain extensions of Genentech Patents, Genentech NP Patents or Joint Patents filed after the Restated Effective Date in countries of Genentech’s choice throughout the Licensed Territory and in such countries within the Co-Promotion Territory as agreed by the Parties with appropriate credit to IDEC representatives, including the naming of such parties as inventors where appropriate. Genentech shall bear the costs relating to such activities in the Licensed Territory at all times and in the Co-Promotion Territory until Regulatory Approval in the United States. Such costs in the Co-Promotion Territory after Regulatory Approval in the United States shall be included in Other Operating Income/Expense pursuant to Exhibit A. Genentech shall disclose to IDEC the complete text of, and shall use reasonable efforts to solicit IDEC’s advice and review of the nature and text of, all Genentech Patents, Genentech NP Patents and Joint Patents and material prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and Genentech shall consider in good faith IDEC’s reasonable comments related thereto.
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Prosecution of New Patents. (a) GNE shall have the first right, using in-house or outside legal counsel selected at GNE's sole discretion, to prepare, file, prosecute, maintain and obtain extensions of GNE Patents or Joint Patents in countries of GNE's choice throughout the Territory. GNE shall bear the costs relating to such activities in the Territory. GNE shall use reasonable efforts to solicit SG's advice and review of Joint Patents and material prosecution matters related thereto in reasonable time prior to filing thereof, and GNE shall consider in good faith SG's reasonable comments related thereto.
Prosecution of New Patents. XsunX shall have the sole right and obligation to file any New Patents after the Commencement Date pertaining to the Derivative Works, and shall be solely responsible for filing, prosecution and maintenance of any and all patent applications, whether pending or not yet filed as of the Commencement Date, in the Derivative Works, and of the maintenance and other management of any and all issued patents in the Derivative Works. Dr. Madan and MVS shall have the obligation to timely consult with XsunX as to the status and patentability of Derivative Works. All Expense for patent searches and legal analysis of such shall be at the expense of XsunX.
Prosecution of New Patents. (a) Filings for the Company Inventions. The Company will, at its expense, have responsibility for filing, prosecution and maintenance of all patents for the Company Inventions in the Territory which the Company determines to file, prosecute and maintain. The Distributor will have the right to review pending patent applications and make recommendations to the Company concerning the Company Inventions related to the Distributor Products. The Company will consider in good faith all reasonable suggestions of the Distributor with respect to such pending applications related to Distributor Products. The Company agrees to keep the Distributor informed of the course of patent prosecution or other proceedings with respect to the patents related to the Distributor Products within the Territory. In the event that the Company elects to discontinue the prosecution of any such patents in the Territory, then the Company shall notify the Distributor of such election to discontinue and the Distributor may, at its expense, choose to continue the prosecution of such patents with the cooperation of the Company in the name of the Distributor and the ownership of such patent applications shall be transferred to the Distributor, provided that the Distributor pays to the Company the legal fees and disbursements that the Company has incurred (excluding maintenance fees paid by the Company pursuant to Section 10.1) relating to such patent applications up to and including the date of the transfer of such applications.
Prosecution of New Patents. (a) SCHERING shall have the first right, using in-house or outside legal counsel selected at SCHERING's sole discretion, to prepare, file, prosecute, maintain and obtain extensions of SCHERING Patents in countries of SCHERING's choice throughout the world. SCHERING shall bear the costs relating to such activities in the Licensed Territory at all times and in the United States. SCHERING shall use reasonable efforts to solicit IDEC's advice and review of the nature and text of SCHERING Patents and material prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and SCHERING shall consider in good faith IDEC's reasonable comments related thereto.

Related to Prosecution of New Patents

  • Prosecution and Maintenance of Patent Rights ALNYLAM will have the right and responsibility to file, prosecute and maintain patent protection in the Territory for all ALNYLAM Patent Rights. [ * ]

  • Prosecution of Patents (a) The Licensor shall be solely responsible for preparing, prosecuting and maintaining the BENTLEY Patents.

  • Filing Prosecution and Maintenance of Patent Rights 7.1 Patent Filing, Prosecution and Maintenance.

  • Prosecution and Maintenance of Patents Patent Costs ----------------------------------------------------

  • Filing, Prosecution and Maintenance of Patents RENOVIS agrees to file, prosecute and maintain in the Territory, upon appropriate consultation with MERCK, the RENOVIS Patent Rights licensed to MERCK under this Agreement; provided, however, with respect to Joint Information and Inventions that are not Improvements to RENOVIS Patent Rights or RENOVIS Technology, MERCK shall have the first right to file patent applications for such Joint Information and Inventions. With respect to RENOVIS Information and Inventions, RENOVIS may elect not to file and if so MERCK shall have the right to file patent applications. In such event, RENOVIS shall execute such documents and perform such acts at RENOVIS’ expense as may be reasonably necessary to effect an assignment of such Patent Rights to MERCK in a timely manner to allow MERCK to continue such prosecution or maintenance. In each case, the filing Party shall give the non-filing Party an opportunity to review the text of the application before filing, shall consult with the non-filing Party with respect thereto, and shall supply the non-filing Party with a copy of the application as filed, together with notice of its filing date and serial number. RENOVIS shall keep MERCK advised of the status of the actual and prospective patent filings and upon the request of MERCK, provide advance copies of any papers related to the filing, prosecution and maintenance of such patent filings. RENOVIS shall promptly give notice to MERCK of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights licensed to MERCK for which RENOVIS is responsible for the filing, prosecution and maintenance. With respect to all filings hereunder, the filing Party shall be responsible for payment of all costs and expenses related to such filings.

  • Prosecution of Patent Applications At its own expense, each Assignor shall diligently prosecute all material applications for (i) United States Patents listed in Annex F hereto and (ii) Copyrights listed on Annex G hereto, in each case for such Assignor and shall not abandon any such application prior to exhaustion of all administrative and judicial remedies (other than applications deemed by such Assignor to be no longer prudent to pursue), absent written consent of the Collateral Agent.

  • Maintenance of Patents 12 5.5. Prosecution of Patent Application................................................. 12 5.6.

  • Patent Prosecution and Maintenance 8.1 Pursuant to Section 3.1, LICENSEE shall bear the cost of all patent expenses, past and future, associated with the preparation, filing, prosecution, issuance and maintenance of U.S. Patent applications and U.S. Patents included within the PATENT RIGHTS. Such filings and prosecution shall be by counsel of UNIVERSITY’s choosing and shall be in the name of UNIVERSITY or UNIVERSITY and joint owner if jointly owned. UNIVERSITY shall keep LICENSEE advised as to the prosecution of such applications by forwarding to LICENSEE copies of all official correspondence, (including, but not limited to, applications, office actions, responses, etc.) relating thereto. LICENSEE shall have the first right to request filings, prosecute, and maintain patent applications and patents included within the PATENT RIGHTS, however, all such action instructed by LICENSEE shall be requested of UNIVERSITY and, UNIVERSITY shall (i) have a right to make comments thereto, and (ii) timely instruct its counsel to act in accord with LICENSEE’s instructions. In the event of a disagreement between LICENSEE and UNIVERSITY regarding such prosecution or maintenance, UNIVERSITY shall have the right to make the final decisions for all matters associated with such prosecution and maintenance, however, UNIVERSITY shall be responsible for any and all costs associated with prosecution and maintenance matters in which UNIVERSITY made a final determination pursuant to this section. In order to facilitate LICENSEE’s rights to comment and advise Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. UNIVERSITY, UNIVERSITY will provide, to the extent that it is able, copies of all such official correspondence and any proposed responses by UNIVERSITY at least twenty (20) business days prior to any filing or response deadlines. UNIVERSITY shall diligently prosecute such patent applications included within the Patent Rights and shall seek strong and broad claims under the Patent Rights. UNIVERSITY shall not abandon prosecution or maintenance of any Patent Rights without notifying LICENSEE in a timely manner of UNIVERSITY’s intention and reason therefore and providing LICENSEE with reasonable opportunity to comment upon such abandonment and to assume responsibility for prosecution or maintenance of such Patent Rights.

  • Patent Filing Prosecution and Maintenance 7.1 Except as otherwise provided in this Article 7, Licensee agrees to take responsibility for, but to consult with, the PHS in the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and shall furnish copies of relevant patent-related documents to PHS.

  • Prosecution and Maintenance Each party retains the sole right to protect at its sole discretion the Intellectual Property and Technology owned by such party, including, without limitation, deciding whether to file and prosecute applications to register patents, copyrights and mask work rights included in such Intellectual Property, whether to abandon prosecution of such applications, and whether to discontinue payment of any maintenance or renewal fees with respect to any patents included in such Intellectual Property.

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