Responsibility for Patent Prosecution. LICENSEE shall apply for, seek prompt issuance of, and maintain the PATENT RIGHTS during the term of this Agreement. The ultimate responsibility for prosecution, filing and maintenance of patent applications and patents which issue therefrom shall be LICENSEE’s, provided however, that PSRF shall be given the opportunity to review and comment upon the breadth and coverage of said patent applications, and patent counsel jointly selected by the parties shall use all due care to address and incorporate any comments offered by PSRF. In addition, PSRF shall have the right to designate its own separate counsel, at PSRF’s expense, to review and comment upon the prosecution and drafting of the jointly selected counsel and said comments shall also be given due consideration. Appropriate documents (such as associate power of attorney) shall be executed to ensure that both parties have direct access to all patent filings. PSRF shall be promptly furnished with all communications to and from the Patent Office including, transmittal documents. During the patent preparation, prosecution and maintenance process, PSRF shall have reasonable opportunities to advise LICENSEE to ensure that said PATENT RIGHTS adequately address PSRF’s needs. Both parties agree to provide reasonable cooperation to each other to facilitate the application and prosecution of patents pursuant to this Agreement.
Responsibility for Patent Prosecution. COMPANY and WVURC agree to seek joint representation for the prosecution and maintenance of all existing patents or applications relating to SUBJECT TECHNOLOGY, including United States and foreign intellectual property patent, copyright, trademark or like protection, as well as any continuations, continuations-in-part, divisionals, or related applications and any re- examination, reissue or other proceedings related thereto on intellectual property of SUBJECT TECHNOLOGY. The PARTIES agree to prosecute and maintain all SUBJECT TECHNOLOGY in the name of and with a recorded assignment to the “West Virginia University Board of Governors on behalf of West Virginia University” and will provide WVURC with electronic copies of any documents sent to or received from the respective patent offices. In the event COMPANY elects to abandon any patents or applications or determines not to prepare or file any patent or application, COMPANY will offer WVURC, with sufficient notice, the right to prepare, file, maintain or prosecute any patent or application COMPANY elects not to prepare, file, maintain or prosecute. WVURC will maintain ownership of all intellectual property interests granted including, but not limited to, any patents issued relating to SUBJECT TECHNOLOGY.
Responsibility for Patent Prosecution. The Company and other joint owner(s) will prepare, file, prosecute, and maintain all of the Joint Patent Rights. The joint owner(s) and JSR (if JSR is not the joint owner), shall have reasonable opportunities to advise the Company and shall cooperate with the Company in filing, prosecution and maintenance of the Joint Patent Rights. The Company shall consult with the joint owner(s) and JSR (if JSR is not the joint owner) before taking any action that would have a material adverse impact on the scope of claims within the Joint Patent Rights. The Company shall furnish or instruct attorneys to furnish to the University and JSR copies of documents relevant to any such filing, prosecution or maintenance at least [***] prior to any anticipated actions and shall consider in good faith any revisions reasonably requested by the University and/or JSR with respect to such filings, provided that Company will retain final decision making authority. Payment of all out of pocket fees and costs, including attorney’s fees, incurred by joint owner(s) relating to the filing, prosecution and maintenance of Joint Patent Rights shall be borne by the Company.
Responsibility for Patent Prosecution. Within thirty (30) days after the EFFECTIVE DATE, INTEGRA shall deliver to XXXX all relevant United States or foreign filings for any PATENT RIGHTS which were filed on any date prior to thirty (30) days after the EFFECTIVE DATE. Subject to this Article VII, XXXX shall file, prosecute, and maintain the PATENT RIGHTS during the term of this AGREEMENT. XXXX shall keep INTEGRA advised of the continuing prosecution of the PATENT RIGHTS. XXXX shall provide INTEGRA with a copy of each relevant proposed United States and foreign filing for the PATENT RIGHTS at least fifteen (15) days prior to the date of such filing so that INTEGRA may be informed of the continuing prosecution and have an opportunity to review and comment on such filings and upon the breadth and scope of the related patent applications of the PATENT RIGHTS.
Responsibility for Patent Prosecution. XXXXX will be responsible for and control, at its sole cost, all aspects of the prosecution and maintenance of all Patent Rights (including the defense of any oppositions, interferences, reissue proceedings, reexaminations, oppositions, inter partes review, and other post-grant proceedings originating in a patent office) within the Licensed Patents in the Territory, unless otherwise provided under an Existing In-License Agreement. LIRUM’s responsibilities shall include decision making authority with respect to all such matters, which decisions LIRUM shall make in its sole discretion. IGF shall provide complete copies of the prosecution histories of the Licensed Patents to LIRUM and shall, upon request, cooperate with LIRUM in the prosecution and maintenance of such Patent Rights which cooperation shall include promptly executing or causing the execution of any and all documents that are reasonably necessary and appropriate to enable the prosecution and maintenance of such Patent Rights in the Territory.
Responsibility for Patent Prosecution. LICENSEE shall apply for, seek prompt issuance of, and maintain the PATENT RIGHTS during the term of this Agreement. The prosecution, filing and maintenance of patent applications and patents which issue therefrom shall be the primary responsibility of LICENSEE, or its designee, but PSRF shall be given the opportunity and reasonable time, but not to exceed thirty (30) days from receipt of said patent applications, to review and comment upon the breadth and coverage of said patent applications. During the patent preparation, prosecution and maintenance process, PSRF shall have reasonable opportunities to advise LICENSEE to ensure that said PATENT RIGHTS adequately address the needs and desires of PSRF. LICENSEE shall provide to PSRF copies of all correspondences to and from the law firm designated by LICENSEE and all communications to and from patent offices relevant to the filing, prosecution and maintenance of PATENT RIGHTS.
Responsibility for Patent Prosecution. (a) In consultation with ***, *** will be responsible for and control, at *** and using outside patent prosecution counsel reasonably acceptable to ***, all aspects of the prosecution and maintenance of the Licensed Compound Patents in the Territory. *** responsibilities shall include decision making authority with respect to all such matters, which decisions *** shall make in its sole discretion subject to the requirements of this Section 5.2. *** shall, upon request, reasonably cooperate with *** in the prosecution and maintenance of such Patent Rights which cooperation shall include promptly executing or causing the execution of any and all documents that are reasonably necessary and appropriate to enable the prosecution and maintenance of such Patent Rights in the Territory. Through the JPC, *** shall keep *** advised of the status of the actual and prospective patent applications and issued patents that are within the scope of the Licensed Compound Patents and the Licensed Formulation Patents, and shall *** may have in relation to such activities and, with respect to the Licensed Compound Patents, shall ***. *** shall provide *** with copies of all material communications from and to any patent authority regarding such Patent Rights. *** shall reimburse *** for the *** patent costs *** pursuant to invoices to be provided by *** at the end of each calendar quarter. Any such invoices will be due and payable within *** of receipt.
(b) At any time during the Term, *** may elect, at its sole discretion, to cease payment for the prosecution and maintenance of selected Patent Rights within the Licensed Compound Patents by providing *** with written notice no later than *** in advance of the payment due date; provided, however, that ***. Such notice shall describe, with specificity, the Patent Rights with respect to which *** proposes to cease payment of prosecution and maintenance costs (the “Abandoned Patent Rights”). *** shall not be responsible or liable for any prosecution or maintenance costs for such Abandoned Patent Rights as of and after the date of ***’s receipt of notice thereof. Unless ***, such Abandoned Patent Rights shall be ***.
Responsibility for Patent Prosecution. From the Agreement Date and for the Term of this Agreement, OPEXA shall have primary responsibility using patent counsel of its choice reasonably acceptable to BAYLOR, for deciding whether to file United States and foreign patent applications, continue prosecution of any patent applications or maintain any patent application or patent regarding the Technology licensed hereunder, except that BAYLOR may assume responsibility at its sole expense for pursuing any protection which OPEXA declines to prosecute pursuant to Paragraph 6.2 of this Agreement.
Responsibility for Patent Prosecution. 1. Responsibility for preparing, filing, prosecuting and maintaining all patent applications and patents relating to the Joint Property shall be upon the Party whose Inventor is the Principal Investigator for the underlying research that produced the Joint Property unless otherwise agreed to by the Parties. If Inventors of each Party are equally responsible for the direction of the research, the Parties will jointly determine who will prosecute the patents.
Responsibility for Patent Prosecution. PSRF shall apply for, seek prompt issuance of, and maintain the PATENT RIGHTS during the term of this Agreement. The prosecution, filing and maintenance of patent applications and patents which issue therefrom shall be the primary responsibility of PSRF, or its designee, but wherever practical, LICENSEE shall be given the opportunity to review and comment upon the breadth and coverage of said patent applications. During the patent preparation, prosecution and maintenance process, LICENSEE shall have reasonable opportunities to advise PSRF to ensure that said PATENT RIGHTS adequately address the commercial and business needs of LICENSEE.
