Patent Prosecution and Maintenance of Joint Patents Sample Clauses

Patent Prosecution and Maintenance of Joint Patents. As between the Parties, Sanofi shall have the first right, but not the obligation, using counsel of its own choice, to prepare, file, prosecute and maintain the Joint Patents worldwide including making decisions regarding any Opt-Out or Opt-In and to be responsible for any related interference, re-issuance, re-examination and, prior to the issuance of such Patent, opposition proceedings. Sanofi shall be responsible for all reasonable out-of-pocket costs and expenses incurred in connection with such prosecution and maintenance of Joint Patents. Sanofi shall periodically inform Lexicon of all material steps with regard to the preparation, filing, prosecution and maintenance of Joint Patents in the Major Markets, including by providing Lexicon with a copy of material communications to and from any patent authority in the Major Markets regarding such Joint Patents and by providing Lexicon drafts of any material filings or responses to be made to such patent authorities in the Major Markets sufficiently in advance of submitting such filings or responses so as to allow for a reasonable opportunity for Lexicon to review and comment thereon. Sanofi shall consider in good faith the requests and suggestions of Lexicon with respect to such drafts and with respect Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. to strategies for filing and prosecuting the Joint Patents in the Major Markets. If, as between the Parties, Sanofi decides not to prepare, file, prosecute or maintain a Joint Patent in a country, Sanofi shall provide reasonable prior written notice to Lexicon of such intention and Lexicon shall thereupon have the option to assume the control and direction of the preparation, filing, prosecution and maintenance of such Joint Patent at its sole cost and expense in such country, unless Sanofi’s decision not to prepare, file, prosecute or maintain was based on a good faith desire to preserve the applicable invention as a trade secret or for good faith patent strategy reasons. The prosecuting Party shall, at its sole discretion, determine the order in which the applicants’ names are listed in filings for Joint Patents.
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Patent Prosecution and Maintenance of Joint Patents. The Parties shall share the out-of-pocket external cost of the preparation, filing, prosecution, and maintenance of any Joint Patents applications for Joint Patents based on the portion of the Territory involved (i.e., Licensee pays such costs for preparation, filing, prosecution, and maintenance in the Licensee Territory and Licensor pays such costs for preparation, filing, prosecution, and maintenance in the Licensor Territory). In connection with the foregoing, Licensee shall administer each such filing, prosecution, and maintenance of any such applications for Joint Patents, or Joint Patents, in each country in the Licensee Territory, and Licensee shall provide Licensor a reasonable opportunity to review, comment on, and approve (not to be unreasonably withheld) in advance any material filings and correspondence with applicable patent offices with respect thereto. Licensor shall administer each such filing, prosecution, and maintenance of any such applications for Joint Patents, or Joint Patents, in each country in the Licensor Territory, and Licensor shall provide Licensee a reasonable opportunity to review, comment on, and approve (not to be unreasonably withheld) in advance any material filings and correspondence with applicable Patent offices with respect thereto. Licensee and Licensor shall reasonably cooperate as provided under Section 7.2.4, and shall endeavor to keep the other Party fully up-to-date with respect to such filing, prosecution, and maintenance efforts.
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Patent Prosecution and Maintenance of Joint Patents. (a) Forest shall have the first right, but not the obligation, in consultation with Xxxxxxx’x IP Representative and through the use of such internal or outside counsel reasonably acceptable to Xxxxxxx, to prepare, file, prosecute, and maintain the Joint Patents in the Territory, and to be responsible for any related interferences, derivations, re-issuances, re-examinations, opposition and other post grant proceedings with respect thereto. Xxxxxxx and Forest shall cooperate through the IP Representatives in connection with the continued prosecution and maintenance by Forest of the Joint Patents, and the IP Representatives shall discuss and shall strive to agree upon a strategy for the prosecution and maintenance by Forest of the Joint Patents. Forest shall keep Xxxxxxx fully informed with regard to the preparation, filing, prosecution, and maintenance of the Joint Patents, including by providing Xxxxxxx with a copy of material communications to and from any patent authority in the Territory regarding such Joint Patents, and by providing Xxxxxxx drafts of any material filings or responses to be made to such patent authorities in the Territory sufficiently in advance of submitting such filings or responses so as to allow for a reasonable opportunity for Xxxxxxx to review and comment thereon. Forest shall not unreasonably reject the requests or suggestions of Xxxxxxx with respect to such Forest drafts or with respect to strategies for filing and prosecuting the Joint Patents in the Territory. The out-of-pocket costs and expenses incurred by or on behalf of Forest in connection with the preparation, filing, prosecution or maintenance of the Joint Patents shall be [*] and, at Forest’s election, Forest shall be entitled (i) to be reimbursed by Xxxxxxx for Xxxxxxx’x share of such expenses in accordance with Section 6.7, or (ii) to deduct Xxxxxxx’x share of such expenses incurred in a given Calendar Quarter from any amounts payable to Xxxxxxx under ARTICLE 6, including development and regulatory milestones pursuant to Section 6.1.1, Sales-Based Milestone Payments pursuant to Section 6.1.2 or royalties pursuant to Section 6.2 for such Calendar Quarter, with any remaining balance to be carried over to the development and regulatory milestones, Sales-Based Milestone Payments or royalties due with respect to such subsequent Calendar Quarters, up to a maximum amount for each Calendar [*] = Certain confidential information contained in this document, marked by brackets, ...
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Patent Prosecution and Maintenance of Joint Patents. The parties shall agree upon an outside law firm who shall prepare, file, prosecute and maintain Joint Patents under the joint instructions of the parties. All costs shall be shared equally. In the event Ceres or Monsanto elects not to share or continue to share such costs of prosecution of a filed application for a Joint Patent or maintenance costs for an issued Joint Patent, it shall notify the other party not less than two (2) months before any relevant deadline, and the other party shall have the right to assume sole control over the prosecution of such filed application for a Joint Patent or maintenance of such issued Joint Patent at its sole cost and expense. In such event, the party which assumes such control shall solely have title to such Joint Patent and the other party agrees to execute the appropriate documents to assign such patent to the other party.
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Patent Prosecution and Maintenance of Joint Patents. Catheter Robotics shall have the right, but not the obligation, to prepare, file, prosecute, and maintain the Joint Patents worldwide, at Catheter Robotics’ sole cost and expense. Catheter Robotics shall keep Peacs informed of all steps with regard to the preparation, filing, prosecution, and maintenance of Joint Patents, including by providing Peacs with a copy of material communications to and from any patent authority regarding such Joint Patents, and by providing Peacs drafts of any material filings or responses to be made to such patent authorities sufficiently in advance of submitting such filings or responses so as to allow for a reasonable opportunity for Peacs to review and comment thereon. In the event that Catheter Robotics decides not to prepare, file, prosecute, or maintain a Joint Patent in a country or other jurisdiction, Catheter Robotics shall provide reasonable prior written notice to Peacs of such intention (which notice shall, in any event, be given no later than sixty (60) days prior to the next deadline for any action that may be taken with respect to such Joint Patent in such country or other jurisdiction), and Peacs shall thereupon have the option, in its sole discretion, to assume the control and direction of the preparation, filing, prosecution, and maintenance of such Joint Patent at its expense in such country or other jurisdiction. Upon Pxxxx's written acceptance of such option, Peacs shall assume the responsibility and control for the preparation, filing, prosecution, and maintenance of such specific Joint Patent.
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Patent Prosecution and Maintenance of Joint Patents. Licensee will be the Party primarily responsible for preparation, filing, prosecution, and maintenance of all Joints Patents in the Territory, which activities shall be at Licensee’s sole expense. Licensee shall keep Licensor reasonably informed with regard to the preparation, filing, prosecution, and maintenance of all Joint Patents. Licensor shall have an opportunity to review and comment upon patent prosecution and filing decisions prior to the submission of filing and correspondences to the patent authorities, and Licensee shall consider Licensor’s comments in good faith. In the event that Licensee decides not to prepare, file, prosecute, or maintain a Joint Patent in a Country, Licensee shall provide [***] days prior written notice to Licensor of such intention, and Licensor shall thereupon have the option, in its sole discretion, to continue the preparation, filing, prosecution, and maintenance of such Joint Patent at its expense in such Country. In such an event, Licensee will assign to Licensor all right, title, and interest in and to said Joint Patent, and Licensee shall reasonably cooperate with Licensor in such Country as provided under Section 5.2.4. Upon notification of such decision by Licensee to Licensor, such Joint Patents shall be excluded from the license granted under Section 2.1.
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Patent Prosecution and Maintenance of Joint Patents. (a) AGT shall have the first right (but not the obligation), through the use of internal or outside counsel, to prepare, file, prosecute, and maintain the Joint Patents worldwide, at AGT’s sole cost and expense. AGT [ * ] keep Licensor [ * ] informed of [ * ] with regard to the preparation, filing, prosecution, and maintenance of Joint Patents, including by providing Licensor with a copy of material communications to and from any patent authority in the Territory regarding such Joint Patents, and by providing Licensor drafts of any material filings or responses to be made to such patent authorities in the Territory [ * ] in advance of submitting such filings or responses so as to allow for a reasonable opportunity for Licensor to review and comment thereon. AGT shall consider in good faith the requests and suggestions of Licensor with respect to such AGT drafts and with respect to strategies for filing and prosecuting the Joint Patents in the Territory, [ * ]. AGT [ * ] inform Licensor of any adversarial patent office proceeding or sua sponte filing, including a request for, or filing or declaration of, any interference, opposition, or reexamination relating to a Joint Patent in the Territory. The Parties shall thereafter consult and cooperate to determine a course of action with respect to any such proceeding in the Territory and AGT shall consider in good faith all comments, requests and suggestions provided by Licensor. AGT shall not initiate any such adversarial patent office proceeding relating to a Joint Patent in the Territory without first consulting Licensor.
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Patent Prosecution and Maintenance of Joint Patents. (i) The Parties agree that all patent prosecution and maintenance decisions, both in the United States and in foreign counties, shall be made jointly by the Parties, after consultation. All expenses for prosecuting each Joint Patent and for issue and maintenance of each Joint Patent shall be equally borne by the Parties. As mutually agreed by the Parties, one Party shall retain primary responsibility for prosecuting each patent application which is a Joint Patent hereunder. At a Party's request, the other Party shall furnish any assistance that may be necessary during the prosecution of such patent application.
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Patent Prosecution and Maintenance of Joint Patents 
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Related to Patent Prosecution and Maintenance of Joint Patents

  • Patent Prosecution and Maintenance 8.1 Pursuant to Section 3.1, LICENSEE shall bear the cost of all patent expenses, past and future, associated with the preparation, filing, prosecution, issuance and maintenance of U.S. Patent applications and U.S. Patents included within the PATENT RIGHTS. Such filings and prosecution shall be by counsel of UNIVERSITY’s choosing and shall be in the name of UNIVERSITY or UNIVERSITY and joint owner if jointly owned. UNIVERSITY shall keep LICENSEE advised as to the prosecution of such applications by forwarding to LICENSEE copies of all official correspondence, (including, but not limited to, applications, office actions, responses, etc.) relating thereto. LICENSEE shall have the first right to request filings, prosecute, and maintain patent applications and patents included within the PATENT RIGHTS, however, all such action instructed by LICENSEE shall be requested of UNIVERSITY and, UNIVERSITY shall (i) have a right to make comments thereto, and (ii) timely instruct its counsel to act in accord with LICENSEE’s instructions. In the event of a disagreement between LICENSEE and UNIVERSITY regarding such prosecution or maintenance, UNIVERSITY shall have the right to make the final decisions for all matters associated with such prosecution and maintenance, however, UNIVERSITY shall be responsible for any and all costs associated with prosecution and maintenance matters in which UNIVERSITY made a final determination pursuant to this section. In order to facilitate LICENSEE’s rights to comment and advise Confidential treatment has been requested with respect to portions of this agreement as indicated by “[***]” and such confidential portions have been deleted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. UNIVERSITY, UNIVERSITY will provide, to the extent that it is able, copies of all such official correspondence and any proposed responses by UNIVERSITY at least twenty (20) business days prior to any filing or response deadlines. UNIVERSITY shall diligently prosecute such patent applications included within the Patent Rights and shall seek strong and broad claims under the Patent Rights. UNIVERSITY shall not abandon prosecution or maintenance of any Patent Rights without notifying LICENSEE in a timely manner of UNIVERSITY’s intention and reason therefore and providing LICENSEE with reasonable opportunity to comment upon such abandonment and to assume responsibility for prosecution or maintenance of such Patent Rights.

  • Prosecution and Maintenance of Patent Rights ALNYLAM will have the right and responsibility to file, prosecute and maintain patent protection in the Territory for all ALNYLAM Patent Rights. [ * ]

  • Prosecution and Maintenance of Patents Patent Costs ----------------------------------------------------

  • Filing Prosecution and Maintenance of Patent Rights 7.1 Patent Filing, Prosecution and Maintenance.

  • Filing, Prosecution and Maintenance of Patents RENOVIS agrees to file, prosecute and maintain in the Territory, upon appropriate consultation with MERCK, the RENOVIS Patent Rights licensed to MERCK under this Agreement; provided, however, with respect to Joint Information and Inventions that are not Improvements to RENOVIS Patent Rights or RENOVIS Technology, MERCK shall have the first right to file patent applications for such Joint Information and Inventions. With respect to RENOVIS Information and Inventions, RENOVIS may elect not to file and if so MERCK shall have the right to file patent applications. In such event, RENOVIS shall execute such documents and perform such acts at RENOVIS’ expense as may be reasonably necessary to effect an assignment of such Patent Rights to MERCK in a timely manner to allow MERCK to continue such prosecution or maintenance. In each case, the filing Party shall give the non-filing Party an opportunity to review the text of the application before filing, shall consult with the non-filing Party with respect thereto, and shall supply the non-filing Party with a copy of the application as filed, together with notice of its filing date and serial number. RENOVIS shall keep MERCK advised of the status of the actual and prospective patent filings and upon the request of MERCK, provide advance copies of any papers related to the filing, prosecution and maintenance of such patent filings. RENOVIS shall promptly give notice to MERCK of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights licensed to MERCK for which RENOVIS is responsible for the filing, prosecution and maintenance. With respect to all filings hereunder, the filing Party shall be responsible for payment of all costs and expenses related to such filings.

  • Patent Filing Prosecution and Maintenance 7.1 Except as otherwise provided in this Article 7, Licensee agrees to take responsibility for, but to consult with, the PHS in the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and shall furnish copies of relevant patent-related documents to PHS.

  • Prosecution and Maintenance Each party retains the sole right to protect at its sole discretion the Intellectual Property and Technology owned by such party, including, without limitation, deciding whether to file and prosecute applications to register patents, copyrights and mask work rights included in such Intellectual Property, whether to abandon prosecution of such applications, and whether to discontinue payment of any maintenance or renewal fees with respect to any patents included in such Intellectual Property.

  • Prosecution of Patent Applications At its own expense, each Assignor shall diligently prosecute all material applications for (i) United States Patents listed in Annex F hereto and (ii) Copyrights listed on Annex G hereto, in each case for such Assignor and shall not abandon any such application prior to exhaustion of all administrative and judicial remedies (other than applications deemed by such Assignor to be no longer prudent to pursue), absent written consent of the Collateral Agent.

  • Maintenance of Patents 12 5.5. Prosecution of Patent Application................................................. 12 5.6.

  • Filing, Prosecution and Maintenance Each of Dyax and Genzyme shall be responsible for the filing, prosecution and maintenance of all patent applications and patents which make up its Patent Rights. The Steering Committee shall designate either Dyax or Genzyme as the Party responsible for the filing, prosecution and maintenance of all patent applications and patents which make up the Joint Patent Rights. For so long as any of the license grants set forth in Article 3 hereof remain in effect and upon request of the other Party, each of Dyax and Genzyme agrees to file and prosecute patent applications and maintain the patents covering the Patent Rights for which it is responsible in all countries in the Territory selected by the Steering Committee. Each of Dyax and Genzyme shall consult with and keep the other fully informed of important issues relating to the preparation and filing (if time permits), prosecution and maintenance of such patent applications and patents, and shall furnish to the other Party copies of documents relevant to such preparation, filing, prosecution or maintenance in sufficient time prior to filing such document or making any payment due thereunder to allow for review and comment by the other Party and, to the extent possible in the reasonable exercise of its discretion, the filing Party shall incorporate all such comments.

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