Application for a Patent Sample Clauses

Application for a Patent. In respect of a country either specified by the Commission or agreed upon by the Parties, a Party shall notify the other Parties (via the Co-ordinator, if this is practical) if it does not intend to seek adequate and effective protection (as required by the Contract) of certain of its Knowledge from the Project or if that Party intends to waive such protection. If another Party (or Parties) informs the notifying Party in writing within one calendar month of such notice that it wishes to obtain or maintain such protection, the notifying Party shall assign to such other Party(ies) all necessary rights which it owns. Such assignment shall ensure that the Access rights of all Parties will be unaffected except that the Parties shall not enforce the resultant rights acquired pursuant to the assignment against the Party which assigned its rights, nor against such Party's Affiliates or licensees under the assigned rights. For the avoidance of doubt, the Party which assigned its rights shall have at least the same Access rights as the non-involved Parties. In case of any disputes, the Parties may appeal the IPR Council according to Section16.2.
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Application for a Patent. In respect of a country either specified by the Commission or agreed upon by the Contractors, a Contractor shall notify the other Contractors (via the Coordinator, if this is practical) if it does not intend to seek adequate and effective protection (as required by the Contract) of certain of its Knowledge from the Network or if that Contractor intends to waive such protection. If another Contractor (or Contractors) informs the notifying Contractor in writing within one calendar month of such notice that it wishes to obtain or maintain such protection, the notifying Contractor may assign to such other Contractor(s) all necessary rights which it owns. Such assignment shall ensure that the Access-rights of all Contractors will be unaffected. For the avoidance of doubt, the Contractor which assigned its rights shall have at least the same Access-rights as the non-involved Contractors.
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Application for a Patent. In respect of a country either specified by the Commission or agreed upon by the Beneficiaries, a Beneficiary shall notify the other Beneficiaries (via the Coordinator, if this is practical) if it does not intend to seek adequate and effective protection (as required by the Grant Agreement) of certain of its Knowledge from the Project or if that Beneficiary intends to waive such protection. If another Beneficiary (or Beneficiaries) informs the notifying Beneficiary in writing within one calendar month of such notice that it wishes to obtain or maintain such protection, the notifying Beneficiary shall assign to such other Beneficiary(ies) all necessary rights which it owns. Such assignment shall ensure that the Access-rights of all Beneficiaries will be unaffected. For the avoidance of doubt, the Beneficiary which assigned its rights shall have at least the same Access-rights as the non-involved Beneficiaries.
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Application for a Patent. In respect of a country either specified by the Commission or agreed upon by the Parties, a Party shall notify the other Parties (via the Co-ordinator, if this is practical) if it does not intend to seek adequate and effective protection (as required by the Contract) of certain of its Knowledge from the Project or if that Party intends to waive such protection. If another Party (or Parties) informs the notifying Party in writing within one calendar month of such notice that it wishes to obtain or maintain such protection, the notifying Party shall assign to such other Party(ies)* all necessary rights which it owns. If another Party (or Parties) informs the notifying Party in writing within one calendar month of such notice that it wishes to obtain or maintain such protection, the notifying Party shall assign to such other Party(ies) all necessary rights which it owns. Such assignment shall ensure that the Access rRights of all Parties will be unaffected except that the Parties Party(ies) shall not enforce the resultant rights acquired pursuant to the assignment against the Party which assigned its rights, nor against such Party's Affiliates or licensees under the assigned rights. For the avoidance of doubt, the Party which assigned its rights shall have at least the same Access rRights as the non-involved Parties. In case of any disputes, the Parties may appeal the IPR Council according to Section 16.2. * If the notifying party can prove a justifiable interest it is acceptable to refrain an official notification. In case of a denial, the IPR-Panel can be called by the requesting party within XX days after access of the refusal.
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Related to Application for a Patent

  • Filing of Patent Applications Each Party will make timely decisions regarding the filing of Patent Applications on the CRADA Subject Inventions made solely by its employee(s), and will notify the other Party in advance of filing. Collaborator will have the first opportunity to file a Patent Application on joint CRADA Subject Inventions and will notify PHS of its decision within sixty (60) days of an Invention being reported or at least thirty (30) days before any patent filing deadline, whichever occurs sooner. If Collaborator fails to notify PHS of its decision within that time period or notifies PHS of its decision not to file a Patent Application, then PHS has the right to file a Patent Application on the joint CRADA Subject Invention. Neither Party will be obligated to file a Patent Application. Collaborator will place the following statement in any Patent Application it files on a CRADA Subject Invention: “This invention was created in the performance of a Cooperative Research and Development Agreement with the [INSERT into Agency’s model as appropriate: National Institutes of Health, Food and Drug Administration, Centers for Disease Control and Prevention], an Agency of the Department of Health and Human Services. The Government of the United States has certain rights in this invention.” If either Party files a Patent Application on a joint CRADA Subject Invention, then the filing Party will include a statement within the Patent Application that clearly identifies the Parties and states that the joint CRADA Subject Invention was made under this CRADA.

  • Patent Rights The State and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract.

  • Termination for Patent Challenge Either Party shall have the right to terminate this Agreement solely on a Shared Product-by-Shared Product basis upon written notice if the other Party or any of its Affiliates challenges the validity, scope or enforceability of or otherwise opposes any Patent (i) included in the Vividion Intellectual Property or Vividion Co-Co Collaboration Intellectual Property and that is licensed to Celgene under this Agreement in any action or proceeding, or (ii) included in the Celgene Intellectual Property or Celgene Co-Co Collaboration Intellectual Property that is licensed to Vividion under this Agreement in any action or proceeding (subject to the exceptions described in this Section 14.3(d), a “Challenge”) (other than as may be necessary or reasonably required to assert a defense, cross-claim or a counter-claim in an action or proceeding asserted by either Party or any of its Affiliates or Licensee Partners against the other Party or any of its Affiliates or to respond to a court request or order or administrative law, request or order) it being understood and agreed that either Party’s right to terminate this Agreement under this Section 14.3(d) shall not apply to any actions undertaken by an Affiliate of the other Party (the “Challenging Party”) that first becomes such an Affiliate as a result of a Change of Control involving the Challenging Party, where such new Affiliate was undertaking any of the activities described in the foregoing clause prior to such Change of Control; provided that a Party’s right to terminate this Agreement under this Section 14.3(d) shall apply to actions undertaken by such new Affiliate if the Challenging Party is the acquiror in such Change of Control and such new Affiliate does not terminate or otherwise cease participating in such action, proceeding, challenge or opposition within thirty (30) days after the effective date of such Change of Control. If a Licensee Partner of either Party challenges the validity, scope or enforceability of or otherwise opposes any Patent included in any of the intellectual property described in this Section 14.3(d) under which such Licensee Partner is sublicensed in any action or proceeding, then the Party that granted such sublicense shall, upon written notice from the other Party, terminate such sublicense. For the avoidance of doubt, an action by a Party or any of its Affiliates (collectively the “Pursuing Party”) in accordance with this Agreement and the Master Agreement to amend claims within a pending patent application of the other Party during the course of the Pursuing Party’s Prosecution of such pending patent application or in defense of a Third Party proceeding, or to make a negative determination of patentability of claims of a patent application of the other Party or to abandon a patent application of the other Party during the course of the Pursuing Party’s Prosecution of such pending patent application, shall not constitute a challenge under this Section 14.3(d). Neither Party shall, and each Party shall ensure that its Affiliates and Licensee Partners do not, use or disclose any Confidential Information of the other Party or any nonpublic information regarding the Prosecution or enforcement of any Vividion Patent, Celgene Co-Co Collaboration Patent or Vividion Co-Co Collaboration Patent (including Joint Co-Co Patents and Joint Patents) to which a Party or any of its Affiliates or (sub)licensees are or become privy as a consequence of the rights granted to such Party pursuant to Article X, in initiating, requesting, making, filing or maintaining, or in funding or otherwise assisting any other Person with respect to, any Challenge.

  • Joint Patent Rights If not already established under the Research Collaboration Agreement, prior to either Party filing any Patent Right disclosing Joint Program Technology or Joint Probody Platform Improvements, the Parties shall establish a patent committee (the “Patent Committee”) comprised of at least one (1) representative of each Party for the purpose of facilitating the preparation, filing, prosecution, maintenance and defense of Joint Patent Rights. As agreed upon by the Parties, meetings of the Patent Committee may be face-to-face or may be conducted by teleconferences or videoconferences, from time to time as needed. The Patent Committee will be the forum through which the Parties coordinate their respective obligations to each other described in Sections 5.2.2 and 5.2.3 hereof and in this Section. In the event the Parties conceive or generate any Joint Program Technology or Joint Probody Platform Improvements, the Parties shall promptly meet to discuss and determine, based on mutual consent, whether to seek patent protection thereon, which Party will control filing, prosecution and maintenance of such patents and how to pay for the filing, prosecution and maintenance of such patents. It is presumed that ImmunoGen will control filing, prosecution and maintenance of Joint Patent Rights claiming Joint Program Technology or Joint Conjugation Probody Platform Improvements, and that CytomX will control filing, prosecution and maintenance of Joint Patent Rights claiming Joint Unconjugated Probody Platform Improvements. Neither Party will file any Joint Patent Right without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. The Party controlling filing and prosecution of any such Joint Patent Right (a) shall keep the other Party informed regarding each Patent Right, (b) shall consider in good faith any recommendations made by the other Party in regard to the filing, prosecution or maintenance of any such Patent Right and (c) shall not unreasonably refuse to incorporate any recommendations made by the other Party in regard to such filing, prosecution or maintenance.

  • Joint Patents Neither Party shall have any obligation to file or prosecute any Joint Patent. To the extent a Party wishes to prosecute a Joint Patent, the Parties will mutually agree upon which Party will have the first right to prosecute such Joint Patent, based on the contribution of each Party to such invention and each Party’s potential interest in products based upon such invention. If the Party having such first right does not wish to prosecute such Joint Patent, it shall inform the other Party promptly, but in any event no later than [***] after the Parties have agreed upon which Party had the first right to prosecute such Joint Patent. If the Party having such first right does not wish to prosecute such Joint Patent, the other Party may, upon written notice to such Party, prosecute such Joint Patent. The Party that prosecutes a Joint Patent pursuant to this Section 5.2(b) (the “prosecuting Party”) will solely bear its own internal costs for such prosecution and will solely bear the external costs for such prosecution (e.g., outside counsel, filing fees, etc.). Licensee will have the first right, but not the obligation, to prosecute infringement of any Joint Patents that is related to the Exclusively Licensed Know-How or a product competitive, or potentially competitive, with a Licensed Product; and Licensor will have the first right, but not the obligation, to prosecute infringement of any Joint Patents in all other cases. The Parties shall first confer and mutually agree regarding any such prosecution of infringement; provided, however, that Licensee shall have the right, without the consent of Licensor, to assert a Joint Patent against a Third Party in a defense of or counterclaim to any claim or assertion of infringement of a Patent or misappropriation of Know-How Controlled by such Third Party.