Examples of Ongoing Patent Costs in a sentence
At The Regents’ sole discretion, rather than requiring an Advanced Payment, The Regents may (1) xxxx Licensee for Ongoing Patent Costs after such amounts are incurred, in which case payment will be due to The Regents within thirty (30) days of Licensee’s receipt of an invoice from The Regents, or (2) have Ongoing Patent Costs directly billed to Licensee by The Regents’ patent counsel.
In the event that Penn licenses any Penn Patent Right in a field separate from the Field to a Third Party, then, upon execution of such Third Party license agreement, Licensee’s Ongoing Patent Costs obligation will be a pro-rata portion of such Ongoing Patent Costs.
Notwithstanding whether Licensee makes an Advance Payment for any patent action, Licensee shall bear all Ongoing Patent Costs incurred during the Term in accordance with Section 6.3.2.
During the term of the Option, Licensee shall be responsible for reimbursing Penn for Historical and Ongoing Patent Costs associated with the Option Patents in accordance with Sections 6.3.1 and 6.3.2 of this Agreement.
Licensee will reimburse Penn for all Ongoing Patent Costs incurred by Penn in relation to Penn Background Patents and Penn Foreground Patents pursuant to Section 6.2.1 within [***] days of receipt of an invoice for such costs.
Licensee shall be responsible for paying a pro rata share (based on the number of licensees for such Penn Patent Rights) of documented Historical Patent Costs and Ongoing Patent Costs (as such terms are defined in Section 6.2) for Penn Patent Rights B, Penn Patent Rights C and Manufacturing Patent Rights covering a Reserved Capsid for each Indication following Penn’s receipt of a Capsid Notice.
Licensee shall be responsible for paying a pro rata share (based on the number of licensees for such Penn Patent Rights) of documented Historic Patent Costs and Ongoing Patent Costs (as such terms are defined in Section 8.2) for Penn Patent Rights B, Penn Patent Rights C and Manufacturing Patent Rights covering a Reserved Capsid for each Indication following Penn’s receipt of a Capsid Notice.
The “Pro Rata Share” will be calculated by dividing total Ongoing Patent Costs by the total number of commercial licensees for the Penn Patent Rights at the time the expenses are incurred, if applicable.
For Licensor Patent Rights that are also licensed to one or more other commercial Third Parties, Licensee shall be responsible for payment to Licensor of a pro rata share of such Ongoing Patent Costs based on the number of such licensees for such Licensor Patent Rights.
With respect to Patent Costs incurred during the term of this Agreement (“Ongoing Patent Costs”), such Ongoing Patent Costs will be directly billed to Licensee by The Regents’ patent counsel; to the extent the parties have not already entered into a direct billing agreement, then concurrently with execution of this Agreement Licensee, The Regents and The Regents’ patent counsel will enter into a direct billing agreement.