Collaborator’s License Option to CRADA Subject Inventions. With respect to Government rights to any CRADA Subject Invention made solely by an ICD employee(s) or made jointly by an ICD employee(s) and a Collaborator employee(s) for which a Patent Application was filed, PHS hereby grants to Collaborator an exclusive option to elect an exclusive, or if applicable a co-exclusive, or nonexclusive commercialization license. The option to elect a co-exclusive license shall apply when a CRADA Subject Invention is also a CRADA Subject Invention under another CRADA resulting from mutually agreed upon studies as described in Article 8.8 and the field of use of this co-exclusive license shall be to the use of the combination of the Test Article with another agent(s) commensurate with the scope of the Research Plan. The Any license granted under this Paragraph 7.2 will be substantially in the form of the. appropriate model PHS license agreement and will fairly reflect the nature of the CRADA Subject Invention, the relative contributions of the Parties to the CRADA Subject Invention and the CRADA, a plan for the development and marketing of the CRADA Subject Invention, the risks incurred by Collaborator, and the costs of subsequent research and development needed PHS ICT-CRADA Case Ref. No.02661 MODEL ADOPTED June 18, 2009 to bring the CRADA Subject Invention to the marketplace. The field of use of the license will not exceed the scope of the Research Plan.
Appears in 2 contracts
Sources: Cooperative Research and Development Agreement (Tracon Pharmaceuticals, Inc.), Cooperative Research and Development Agreement (Tracon Pharmaceuticals Inc)
Collaborator’s License Option to CRADA Subject Inventions. With respect to Government rights to any CRADA Subject Invention made solely by an ICD IC employee(s) or made jointly by an ICD IC employee(s) and a Collaborator employee(s) for which a Patent Application was filed, PHS hereby grants to Collaborator an exclusive option to elect an exclusive, exclusive or if applicable a nonexclusive or co-exclusive, or nonexclusive if applicable, commercialization license. The option to elect a co-exclusive license shall apply when a CRADA Subject Invention is also a CRADA Subject an Invention made under another CRADA agreement resulting from mutually agreed upon studies studies, as described in Article Section 8.8 (regarding Multi-Party Data Rights)], and the field of use of this co-exclusive license shall be limited to the use of the combination of the Test Article with another agent(s) commensurate with the scope of the Research Plan. The Any license granted under this Paragraph 7.2 will be substantially in the form of the. the appropriate model PHS license agreement and will fairly reflect the nature of the CRADA Subject Invention, the relative contributions of the Parties to the CRADA Subject Invention and the CRADA, a plan for the development and marketing of the CRADA Subject Invention, the risks incurred by Collaborator, and the costs of subsequent research and development needed PHS ICT-CRADA Case Ref. No.02661 MODEL ADOPTED June 18, 2009 to bring the CRADA Subject Invention to the marketplace. The field of use of the license will not exceed the scope of the Research Plan.. PHS ICT-CRADA Case Ref. No. 02734 MODEL ADOPTED June 18, 2009 Amend Section 7.6 to read as follows:
Appears in 1 contract
Sources: Cooperative Research and Development Agreement (Lion Biotechnologies, Inc.)