Common use of Publication of Results Clause in Contracts

Publication of Results. Any manuscript or other public disclosure by ATMI or IM describing the scientific results of the Alliance to be published within the term of the Alliance Term, or within eighteen (18) months after the end of the Alliance Term, shall be provided to the other party for review at least ninety (90) calendar days prior to its submission. Further, to avoid the loss of patent rights as a result of premature public disclosure of patentable information, the reviewing party may, within thirty (30) calendar days of receiving such a proposed disclosure, notify the publishing party in writing that the reviewing party desires to file a patent application on any invention disclosed in such scientific results, in which case the publishing party shall withhold publication or disclosure of such scientific results until the earlier of (i) the time the patent application is filed thereon, (ii) the time the parties both determine, after consultation, that no patentable invention exists, or (iii) ninety (90) calendar days after the publishing party received notice of the reviewing party’s desire to file such patent application. Further, if such scientific results contain Confidential Information of the reviewing party that is subject to the use and nondisclosure restrictions under this Article 7, the publishing party agrees to remove such Confidential Information from the proposed publication or disclosure or obtain the reviewing party’s prior consent for such disclosure. The provisions of this section are subject to Section 7.5.

Publication of Results. Any manuscript or other public disclosure by ATMI Tessera or IM Kronos describing the scientific results of the Alliance Development Program to be published within the term of the Alliance TermDevelopment Program, or within eighteen one (181) months year after the end of the Alliance TermDevelopment Program, shall be provided to the other party for review at least ninety (90) calendar days prior to its submission. Further, to avoid the loss of patent rights as a result of premature public disclosure of patentable information, the reviewing party may, within thirty (30) calendar days of receiving such a proposed disclosure, notify the publishing disclosing party in writing that that, subject to Section 4, the reviewing party desires to file a patent application on any invention disclosed in such scientific results, in which case the publishing disclosing party shall withhold publication or disclosure of such scientific results until the earlier of (ia) the time the patent application is filed thereon, (iib) the time the parties both determine, after consultation, that no patentable invention exists, or (iiic) ninety (90) calendar days after the publishing disclosing party received notice of the reviewing party’s 's desire to file such patent application. Further, if such scientific results contain Confidential Information of the reviewing receiving party that is subject to the use and nondisclosure restrictions under this Article 7Section 8, the publishing disclosing party agrees to remove such Confidential Information from the proposed publication or disclosure or obtain the reviewing disclosing party’s 's prior consent for such disclosure. The provisions of this section are subject to Section 7.5.