Protection of patentable joint Foreground. The owners of joint Foreground may take such steps as they may decide from time to time to register and maintain any protection for the joint Foreground, including filing and prosecuting patent applications. They shall provide at the latest at the day of filing written notice to the IP Board of the fact a filing has been made. Within one (1) month after filing, these parties shall provide the IP Board sufficient details to enable it to trace the patent (application) after its publication. This obligation shall survive termination of the Program for twelve (12) months. The joint owners shall establish an agreement regarding the financing of the patent application, the responsibilities for patent prosecution, the exploitation of the patent rights and the distribution of revenues obtained. However, where no such joint IP agreement has yet been concluded, the following rules shall apply: (a) all decisions regarding the filing, prosecution and maintenance of patent rights shall be made by mutual agreement between the joint owners; (b) the joint owners shall appoint one of them as responsible for patent management; (c) the other joint owners undertake to provide their assistance and to fulfil all formalities which are necessary to file, prosecute and maintain the patent rights; (d) the out-of-pocket expenses related to the patent rights shall be borne equally by all joint owners; (e) revenues from the Exploitation or licensing of the patent rights will be distributed equally over the joint owners; (f) In the event a joint owner of Foreground is not (or no longer) willing to contribute to the expenses related to patent rights on the Foreground in one or several jurisdiction, it shall assign its rights in the Foreground and the patent right for the jurisdictions concerned to the other joint owners and shall fulfil all formalities and sign all documents required to perfect the transfer of its rights to the other joint owners. The party concerned shall not be entitled to any revenues generated from Exploitation or licensing of the patent rights in such jurisdictions, but shall be reimbursed for patent costs it has already borne, if and when revenues are obtained in these jurisdictions. For the avoidance of doubt, the provisions of article 6.4 shall not apply to Foreground that is claimed in a patent (application) filed pursuant to this article 6.5 and its resulting patent applications and patents.
Appears in 2 contracts
Samples: Consortium Agreement, Framework Agreement
Protection of patentable joint Foreground. The owners of joint Foreground may take such steps as they may decide from time to time to register and maintain any protection for the joint Foreground, including filing and prosecuting patent applications. They shall provide at the latest at the day of filing written notice to the IP Board of the fact a filing has been made. Within one (1) month after filing, these parties Partners shall provide the IP Board sufficient details to enable it to trace the patent (application) after its publication. This obligation shall survive termination of the Program for twelve (12) months. The joint owners shall establish an agreement regarding the financing of the patent application, the responsibilities for patent prosecution, the exploitation of the patent rights and the distribution of revenues obtained. However, where no such joint IP agreement has yet been concluded, the following rules shall apply:
(a) all decisions regarding the filing, prosecution and maintenance of patent rights shall be made by mutual agreement between the joint owners;
(b) the joint owners shall appoint one of them as responsible for patent management;
(c) the other joint owners undertake to provide their assistance and to fulfil all formalities which are necessary to file, prosecute and maintain the patent rights;
(d) the out-of-pocket expenses related to the patent rights shall be borne equally by all joint owners;
(e) revenues profits from the Exploitation or licensing of the patent rights will be distributed equally over the joint owners;
(f) In the event a joint owner of Foreground is not (or no longer) willing to contribute to the expenses related to patent rights on the Foreground in one or several jurisdiction, it shall assign its rights in the Foreground and the patent right for the jurisdictions concerned to the other joint owners and shall fulfil all formalities and sign all documents required to perfect the transfer of its rights to the other joint owners. The party Partner concerned shall not be entitled to any revenues generated from Exploitation or licensing of the patent rights in such jurisdictions, but shall be reimbursed for patent costs it has already borne, if and when revenues are obtained in these jurisdictions. jurisdictions For the avoidance of doubt, the provisions of article 6.4 shall not apply to Foreground that is claimed in a patent (application) filed pursuant to this article 6.5 and its resulting patent applications and patents.
Appears in 1 contract
Samples: Framework Agreement
Protection of patentable joint Foreground. The owners of joint Foreground may take such steps as they may decide from time to time to register and maintain any protection for the joint Foreground, including filing and prosecuting patent applications. They shall provide at the latest at the day of filing written notice to the IP Board of the fact a filing has been made. Within one (1) month after filing, these parties shall provide the IP Board sufficient details to enable it to trace the patent (application) after its publication. This obligation shall survive termination of the Program for twelve (12) months. The joint owners shall establish an agreement regarding the financing of the patent application, the responsibilities for patent prosecution, the exploitation of the patent rights and the distribution of revenues obtained. However, where no such joint IP agreement has yet been concluded, the following rules shall apply:
(a) all decisions regarding the filing, prosecution and maintenance of patent rights shall be made by mutual agreement between the joint owners;
(b) the joint owners shall appoint one of them as responsible for patent management;
(c) the other joint owners undertake to provide their assistance and to fulfil all formalities which are necessary to file, prosecute and maintain the patent rights;
(d) the out-of-pocket expenses related to the patent rights shall be borne equally by all joint owners;
(e) revenues profits from the Exploitation or licensing of the patent rights will be distributed equally over the joint owners;
(f) In the event a joint owner of Foreground is not (or no longer) willing to contribute to the expenses related to patent rights on the Foreground in one or several jurisdiction, it shall assign its rights in the Foreground and the patent right for the jurisdictions concerned to the other joint owners and shall fulfil all formalities and sign all documents required to perfect the transfer of its rights to the other joint owners. The party concerned shall not be entitled to any revenues generated from Exploitation or licensing of the patent rights in such jurisdictions, but shall be reimbursed for patent costs it has already borne, if and when revenues are obtained in these jurisdictions. jurisdictions For the avoidance of doubt, the provisions of article 6.4 shall not apply to Foreground that is claimed in a patent (application) filed pursuant to this article 6.5 and its resulting patent applications and patents.
Appears in 1 contract
Samples: Framework Agreement