Separation of Patent Rights. In order to more efficiently enable the prosecution and maintenance of the BMS Study Patent Rights, the Recipient Study Patent Rights and Combined Therapy Patent Rights relating to Inventions as described above, the Parties will use good faith efforts to separate BMS Study Patent Rights, the Recipient Study Patent Rights, Combined Therapy Patent Rights, BMS Independent Patent Rights and the Recipient Independent Patent Rights into separate patent filings to the extent possible and without adversely impacting such prosecution and maintenance or the scope of the protected subject matter.
Separation of Patent Rights. In order to more efficiently enable the prosecution and maintenance of the Nektar Study Patent Rights, BioXcel Study Patent Rights and Combined Therapy Patent Rights relating to Collaboration Inventions as described above, the Parties will use good faith efforts to separate Nektar Study Patent Rights, BioXcel Study Patent Rights, Combined Therapy Patent Rights, Nektar Independent Patent Rights and BioXcel Independent Patent Rights into separate patent filings to the extent possible and without adversely impacting such prosecution and maintenance. Nektar shall have the right to disclose to BMS, subject to the confidentiality provisions of the SCA governing disclosures of Nektar confidential information to BMS, applications for Patents, amendments thereto and other related correspondence to and from Patent offices contemplated by this subsection (d) to the extent necessary to comply with Nektar’s obligations under the SCA, provided that Nektar shall not disclose any confidential information of the CPI Compound supplier in connection therewith (to be clear, nothing in the foregoing proviso shall prohibit Nektar from disclosing the Combined Therapy Study Data to BMS on the terms provided herein); and provided further, that Nektar remains liable to BioXcel for any breach by BMS of such confidentiality provisions.
Separation of Patent Rights. To more efficiently enable the prosecution and maintenance of the Roche Study Patents, Exelixis Study Patents, and Combined Therapy Patents, the Parties shall use commercially reasonable efforts to separate Roche Study Patents, Exelixis Study Patents, Combined Therapy Patents, Roche Independent Patents, and Exelixis Independent Patents into separate patent filings to the extent possible and without adversely impacting such prosecution and maintenance.
Separation of Patent Rights. In order to more efficiently enable the Prosecution and maintenance of the Novartis Study Patent Rights, Olema Study Patent Rights, and the Combined Therapy Patent Rights relating to applicable Study Inventions as provided and described above, the Parties will use good faith efforts to separate Novartis Study Patent Rights, Olema Study Patent Rights, Combined Therapy Patent Rights, Novartis Background Patent Rights and Olema Background Patent Rights into separate patent filings to the extent reasonably possible and without adversely impacting such Prosecution and maintenance or the scope of the protected patentable subject matter.
Separation of Patent Rights. In order to more efficiently enable the filing, prosecution, maintenance and enforcement of patents with respect to the Merck Inventions, Company Inventions and Jointly Owned Inventions, the Parties shall use good faith efforts to separate any Merck Inventions, Company Inventions and Jointly Owned Inventions into separate patent applications to the extent possible and without adversely impacting such filing, prosecution, maintenance and enforcement.
Separation of Patent Rights. In order to more efficiently enable the prosecution and maintenance of the Adagene Patents, the Sanofi Patents and the Joint Patents relating to the Inventions described above, the Parties will use good faith efforts to separate Compound Inventions, Platform Inventions, and Joint Inventions into separate filings to the extent possible and without adversely impacting such prosecution and maintenance and to coordinate such filings so as to maximize patent exclusivity for the Licensed Compounds and Licensed Products.
Separation of Patent Rights. (a) The Parties will use good faith efforts to separate Molecular Partners Owned Patents, Orano Med Owned Patents and jointly owned Patent Rights into separate filings to the extent possible and without adversely impacting prosecution and maintenance of Molecular Partners Owned Patents, Orano Med Owned Patents and jointly-owned Patent Rights with a view to minimizing the inclusion of one Party’s Sole Ownership in the other Party’s Sole Patent Rights and/or in any jointly-owned Patent Right.
(b) In the interest of isolating where possible each Party’s Sole Patent Rights and/or any jointly-owned Patent Rights in distinct instruments, each Party shall make good faith efforts to supply to the other Party information regarding contemplated applications of its Sole Patent Rights within reasonable timeframe before the relevant filing and in sufficient details to allow the other Party to advise of its views concerning the separation of Patent Rights as per this Section 12.10. Each Party shall, upon receipt of such views from the other Party, take necessary reasonable actions, including amendments to the patent application in preparation, to ensure that its patent application complies with the terms and conditions hereunder.
(c) Any dispute arising out of, relating to or in connection with this Section 12.10 shall be escalated to the Parties’ respective Executive Officers, who shall attempt to settle such dispute within [***], or such longer period as may be mutually agreed. In the event that the Parties’ respective Executive Officers cannot settle such issue within the designated period, the issue shall be subject to a dispute resolution procedure pursuant to Section 17.3 hereof.
Separation of Patent Rights. In order to more efficiently enable the prosecution and maintenance of the BMS Asset Patent Rights, Nektar Asset Patent Rights, Joint Collaboration Patent Rights and Joint Third Party Patent Rights relating to Nektar Asset Inventions, BMS Asset Inventions, Joint Collaboration Inventions and Joint Third Party Inventions as described above, the Parties will use good faith efforts to separate BMS Asset Patent Rights, Nektar Asset Patent Rights, Joint Collaboration Patent Rights and Joint Third Party Patent Rights) into separate patent filings to the extent possible and without adversely impacting such prosecution and maintenance.
Separation of Patent Rights. In order to more efficiently enable the prosecution and maintenance of the BMS Study Patent Rights, the Recipient Study Patent Rights and Combined Therapy Patent Rights as described above, the Parties will use good faith efforts to separate BMS Study Patent Rights, the Recipient Study Patent Rights, Combined Therapy Patent Rights, BMS Independent Patent Rights and the Recipient Independent Patent Rights into separate patent filings to the extent possible and without adversely impacting such prosecution and maintenance or the scope of the protected subject matter. Notwithstanding any other provision of this Agreement to the contrary, neither Party shall file any patent application claiming: (i) both a BMS Study Invention and a Recipient Study Invention; (ii) both a BMS Study Invention and a Combined Therapy Invention; or (iii) both a Recipient Study Invention and a Combined Therapy Invention; in each case, without the prior written consent of the other Party, which the other Party may withhold in its sole discretion.
Separation of Patent Rights. In order to more efficiently enable the prosecution and maintenance of the Product Patents and the Adagene Platform Patents relating to the Inventions described above, the Parties will use good faith efforts to separate Compound Inventions, Platform Inventions, and Joint Inventions into separate filings to the extent possible and without adversely impacting such prosecution and maintenance. For clarity, it is also the mutual intent of the parties that Adagene Patents, if any, shall be separated and prosecuted as either Product Patents or Adagene Platform Patents to the extent possible without adversely impacting the prosecution and maintenance thereof.
