Common use of Scientific Publications Clause in Contracts

Scientific Publications. Prior to public disclosure or submission for publication of a manuscript describing the results of any scientific activity or collaboration between PDL and X. Xxxxx in the Field, the party disclosing or submitting such a manuscript ("Disclosing Party") shall send the other party ("Responding Party") by expedited delivery a copy of the manuscript to be submitted and shall allow the Responding Party a reasonable time period (not to exceed forty-five (45) days from the date of confirmed receipt) in which to determine whether the manuscript contains subject matter of which patent protection should be sought (prior to publication of such manuscript) for the purpose of protecting an invention conceived or developed in connection with the PDL/X. Xxxxx scientific collaboration, or whether the manuscript contains confidential information belonging to the Responding Party. After the expiration of forty-five (45) days from the date of confirmed receipt of such manuscript, the Disclosing Party shall be free to submit such manuscript for publication and publish or otherwise disclose to the public such research results. Should the Responding Party believe the subject matter of the manuscript contains confidential information or a patentable invention of substantial commercial value to the Responding Party, then prior to the expiration of forty-five (45) days from the date of confirmed receipt of such manuscript by the Responding Party, the Responding Party shall notify the Disclosing Party in writing of its determination that such manuscript contains such information or subject matter for which patent protection should be sought. Upon receipt of such written notice from the Responding Party, the Disclosing Party shall delay public disclosure of such information or submission of the manuscript for an additional period of sixty (60) days to permit preparation and filing of a patent application on the disclosed subject matter. The Disclosing Party shall thereafter be free to publish or disclose such information, except that the Disclosing Party may not disclose any confidential information of the Responding Party in violation of Section 8.1hereof. Determination of authorship for any paper or patent shall be in accordance with accepted scientific practice. Should any questions on authorship arise, this will be determined by good faith consultation between the respective heads of research for each of the parties.

Scientific Publications. Prior The parties agree, as a general principle, that it is desirable to public disclosure or submission for publication of a manuscript describing publish the results of the research conducted by the parties hereto under this Agreement, and agree that both parties will have the right to publish such results. The following restrictions shall apply with respect to the disclosure in scientific journals or publications by the parties hereto regarding any scientific activity work under this Agreement (but not any Independent Discovery or collaboration between PDL and X. Xxxxx in other research performed by the Field, parties): (a) the party disclosing publishing, or submitting proposing to publish, such a manuscript results (the "Disclosing Publishing Party") shall send provide the other party (the "Responding Non-Publishing Party") by expedited delivery a with an advance copy of any proposed submission of a publication arising from such scientific work, not less than thirty (30) days prior to submission or disclosure of such publication, and the manuscript Non-Publishing Party shall have a reasonable opportunity to recommend any changes it reasonably believes are necessary to preserve its Patent Rights or Know-How or to protect its Confidential Information hereunder, and the incorporation of such recommended changes shall not be submitted unreasonably refused; and (b) if the Non-Publishing Party informs the Publishing Party, within thirty (30) days of receipt of an advance copy of a proposed publication hereunder, that such publication includes Confidential Information of the Non-Publishing Party the publication of which, in the Non-Publishing Party's sole judgment, could be expected to have a material adverse effect on any of its Patent Rights or Know-How, or on the Non-Publishing Party's business affairs which are the subject of this Agreement, the Publishing Party shall allow delete such Confidential Information of the Responding Non-Publishing Party from such publication and, in the case of inventions made solely by the Publishing Party or jointly by the Publishing Party and the Non-Publishing Party, delay publication thereof for a reasonable time period (not to exceed forty-five ninety (4590) days from the date of confirmed receiptdays) in which to determine whether the manuscript contains subject matter of which patent protection should be sought (prior to publication of such manuscript) sufficient for the purpose of protecting an invention conceived or developed in connection with the PDL/X. Xxxxx scientific collaboration, or whether the manuscript contains confidential information belonging to the Responding Party. After the expiration of forty-five (45) days from the date of confirmed receipt of such manuscript, the Disclosing Party shall be free to submit such manuscript for publication and publish or otherwise disclose to the public such research results. Should the Responding Party believe the subject matter of the manuscript contains confidential information or a patentable invention of substantial commercial value to the Responding Party, then prior to the expiration of forty-five (45) days from the date of confirmed receipt of such manuscript by the Responding Party, the Responding Party shall notify the Disclosing Party in writing of its determination that such manuscript contains such information or subject matter for which patent protection should be sought. Upon receipt of such written notice from the Responding Party, the Disclosing Party shall delay public disclosure of such information or submission of the manuscript for an additional period of sixty (60) days to permit preparation and filing of a patent application on the disclosed subject matteror application for a certificate of invention thereon. The Disclosing Party shall thereafter be free parties agree to publish or disclose confer regarding authorship of such informationpublications, except that the Disclosing Party may not disclose any confidential information of the Responding Party in violation of Section 8.1hereof. Determination of authorship for any paper or patent which shall be determined in accordance with accepted scientific practicethe standards for authorship customary for peer-reviewed journals. Should any questions on authorship ariseFor purposes of this Section 7, this will the parties agree that publication of Confidential Information incorporated within a filed patent application shall not be determined by good faith consultation between the respective heads of research for each of the partiesrequired to be deleted solely due to such patent application having reached its 18 month international publication date.

Scientific Publications. The publication strategy of the Parties shall be directed by the JDC and shall be subject to the following procedures: (a) Prior to public disclosure or submission for publication or presentation of a manuscript proposed publication describing the results of any scientific or clinical activity or collaboration between PDL and X. Xxxxx in the Fieldrelating to a Licensed Product, the party Party disclosing or submitting such a manuscript proposed publication ("Disclosing “Submitting Party"”) shall send provide the JDC and the other party ("“Responding Party"”) by expedited delivery (including electronic mail) a copy of the manuscript proposed publication to be submitted submitted. The JDC and shall allow the Responding Party shall be permitted a reasonable time period (not to exceed forty-five (45) days but no less than [***] from the date of confirmed receipt) in which to review the proposed publication or presentation. During such time, (i) the JDC shall determine whether the manuscript proposed publication or presentation is consistent with its publication strategy or whether the proposed publication contains information that is reasonably likely to have a material adverse impact on the Development or Commercialization of Licensed Product and (ii) the Responding Party will determine whether the proposed publication contains subject matter of for which patent protection should be sought (prior to publication of such manuscriptproposed publication) for the purpose of protecting an invention conceived or developed in connection with the PDL/X. Xxxxx scientific collaborationinvention, or whether the manuscript proposed publication contains confidential information belonging to the Confidential Information of the Responding Party. After Following the expiration of forty-five (45) days applicable time period for review and upon written approval from the date of confirmed receipt of such manuscriptJDC, the Disclosing Submitting Party shall be free to submit such manuscript proposed publication or presentation for publication and publish or otherwise disclose to the public such research scientific or clinical results. Should , subject to the procedures set forth in Section 12.3(b). (b) If the Responding Party believe believes that the subject matter of the manuscript proposed publication contains confidential information Confidential Information or a patentable invention of substantial commercial value to the Responding either Party, then prior to the expiration of forty-five (45) days from the date of confirmed receipt of such manuscript by the Responding Partyapplicable time period for review, the Responding Party shall notify the Disclosing Submitting Party in writing of its determination that such manuscript proposed publication contains such information or subject matter for which patent protection should be sought. Upon On receipt of such written notice from the Responding Party, the Disclosing Submitting Party shall delay public disclosure of such information or submission of the manuscript proposed publication for an additional period of sixty [***] (60or such shorter period mutually agreed by the Parties) days to permit preparation and filing of a patent application on the disclosed subject matter. The Disclosing Submitting Party shall thereafter be free to publish or disclose such information, except that the Disclosing Submitting Party may not disclose any confidential information Confidential Information of the Responding Party in violation of Section 8.1hereofSections 12.1 and 12.2 hereof. (c) [***]. Determination of authorship for any paper or patent shall be in accordance with accepted scientific practice. Should any questions on authorship arise, this will be determined by good faith consultation between the respective heads of research for each of the parties[***].

Scientific Publications. Prior to public disclosure or submission for publication of a manuscript describing the results of any scientific activity or collaboration between PDL and X. Xxxxx Roche in the Field, the party disclosing or submitting such a manuscript ("Disclosing Party") shall send the other party ("Responding Party") by expedited delivery a copy of the manuscript to be submitted and shall allow the Responding Party a reasonable time period (not to exceed forty-five (45) days from the date of confirmed receipt) in which to determine whether the manuscript contains subject matter of which patent protection should be sought (prior to publication of such manuscript) for the purpose of protecting an invention conceived or developed in connection with the PDL/X. Xxxxx Roche scientific collaboration, or whether the manuscript contains confidential information belonging to the Responding Party. After the expiration of forty-five (45) days from the date of confirmed receipt of such manuscript, the Disclosing Party shall be free to submit such manuscript for publication and publish or otherwise disclose to the public such research results. Should the Responding Party believe the subject matter of the manuscript contains confidential information or a patentable invention of substantial commercial value to the Responding Party, then prior to the expiration of forty-five (45) days from the date of confirmed receipt of such manuscript by the Responding Party, the Responding Party shall notify the Disclosing Party in writing of its determination that such manuscript contains such information or subject matter for which patent protection should be sought. Upon receipt of such written notice from the Responding Party, the Disclosing Party shall delay public disclosure of such information or submission of the manuscript for an additional period of sixty (60) days to permit preparation and filing of a patent application on the disclosed subject matter. The Disclosing Party shall thereafter be free to publish or disclose such information, except that the Disclosing Party may not disclose any confidential information of the Responding Party in violation of Section 8.1hereofSections 12.1 and 12.2 hereof. Each party agrees to give the other party reasonable opportunity to review and comment on any proposed publication arising from the research collaboration between the parties. Determination of authorship for any paper or patent shall be in accordance with accepted scientific practice. Should any questions on authorship arise, this will be determined by good faith consultation between the respective heads of research for each of the parties.