Prosecution. 8.1 The Parties may jointly file a patent application or other applications for the registration of any Intellectual Property Rights in Japan or in any foreign jurisdiction (an “Application”) with respect to any Joint Invention, provided that the Parties have first executed a joint application agreement between the Parties setting forth, among other matters, the content of the application, the application process and the maintenance. 8.2 Notwithstanding Article 8.1, either Party may solely file an Application with respect to the Joint Invention if the other Party agrees, through mutual consultation between the Parties, to assign its right, title and interest in and to such Joint Invention to the filing Party. The assigning Party shall cooperate with the filing Party to ensure the prompt filing of an Application for and prosecution of any such Joint Invention. 8.3 All costs and expenses relating to the filing, prosecution and maintenance, including, but not limited to, patent attorneys’ fees and other expert fees, with respect to any Joint Invention filed jointly by the Parties shall be borne by Company. 8.4 Either Party may solely file an Application with respect to any of its Sole Invention at its sole discretion; provided, however, that the filing Party shall, prior to the filing of the Application, notify the other Party and obtain such other Party’s confirmation that the relevant Sole Invention was in fact conceived solely by the prosecuting Party.
Appears in 6 contracts
Samples: Collaborative Research Agreement, Collaborative Research Agreement, Collaborative Research Agreement
