Common use of Right to Patent Clause in Contracts

Right to Patent. Each party shall have the sole right to --------------- prepare, file, prosecute, maintain and extend patent applications and patents concerning all patentable Technology owned by such party, as determined under Section 6, provided each party shall give notice to the other of its intent to patent any technology concerning the projects prior to filing. If such party elects not to file, prosecute or maintain patent applications or ensuing patents or certain claims encompassed by such patent applications or ensuing patents in any country with respect to any invention or discovery related to the Projects, then the other party may elect to do so on the developing party's behalf. Such party shall give notice to the developer and owner of the patentable Technology of its intent to so prepare, file and prosecute a patent, and the owner shall have 30 days to choose to take such action on its own behalf, and take significant action toward doing so. At the end of such notice period, if the owner has not taken such action, the non-owner may do so.

Appears in 6 contracts

Samples: Cooperative Development Agreement (Therasense Inc), Cooperative Development Agreement (Therasense Inc), Cooperative Development Agreement (Therasense Inc)

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