European Patents Clause Samples

The European Patents clause defines how patents granted by the European Patent Office are treated within the agreement. It typically outlines the rights and obligations of the parties regarding the filing, prosecution, maintenance, and enforcement of European patents, and may specify which party is responsible for costs or actions in different European jurisdictions. This clause ensures that both parties have a clear understanding of their roles and responsibilities concerning European patent rights, thereby reducing the risk of disputes and ensuring effective management of intellectual property across Europe.
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European Patents. [***] shall have the sole right to decide whether a European Patent within Licensor Background Patents, Licensor Program Patents and Joint Program Patents should be validated or maintained as a Unitary Patent, whether and when such European Patent should be opted out of or opted in to the jurisdiction of the Unified Patent Court (UPC) (including withdrawal of an opt-out), as well as any other issues concerning the jurisdiction of the UPC in connection with Joint Program Patents. [***]
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European Patents. A European patent may only be obtained for Switzerland and the Principality of Liechtenstein by joint designation under Article 149 of the European Patent Convention. Designation of one of the Contracting States shall be deemed to constitute designation of both of them.
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European Patents. Exhibit P is a schedule of all unexpired patents issued by any issuing jurisdiction in the Territory and all applications filed by Nocopi for any such Patents, in either case, covering or affecting the Nocopi Technologies (collectively, the "European Patents"). Nocopi hereby grants to Euro the right, under the Amended and Restated License Agreement and subject to the conditions and limitations set forth therein and in this Agreement, in the Territory and no where else, to use and exploit the European Patents only in connection with its permitted use of the Nocopi Technology except for such patent rights which are in the public domain on the expiration thereof. Nocopi represents and warrants that it is the exclusive owner of the European Patents that it has the right and authority to grant to Euro the rights granted herein with respect thereto, and that Euro's use and exploitation thereof in any manner authorized hereby will not infringe the rights of any third party. Nocopi further represents and warrants that, except as described herein with respect to Westvaco and end users (i) it has not granted to any other person any right or license to the European Patents in the Territory which conflict with, diminish or impair the rights granted to Euro herein and in the Amended and Restated License Agreement, (ii) to its knowledge, there are as of the date hereof no pending or threatened claims, demands, proceedings or actions with respect to the European Patents, contesting its right to full ownership of the European Patents or alleging that the European Patents infringe or otherwise violate the rights of third persons, or asserting that a third person has infringed or otherwise violated the European Patents; and (iii) that it has the full power and authority to grant to Euro hereunder the rights in the European Patents hereby granted to Euro. Any action that may be needed or desirable to prosecute, perfect or continue the European Patents in effect, and to enforce its rights against infringements thereon, may be taken by Euro at its expense in its discretion; provided that Nocopi shall cooperate (at Euro's expense) in all such filings as the owner of the European Patents. Any recovery or recoveries thereunder shall belong exclusively to Euro.
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European Patents. 1.6.1. Insofar as any of the Patents licensed under this Agreement by ADCT to Sobi are granted European Patents or applications for European Patents, at the request of either Party, the Parties shall in good faith discuss and jointly determine (which determination shall be recorded in writing) whether or not ADCT shall (at Sobi’s cost unless otherwise agreed), in respect of any such European Patent or European Patent application: (a) apply for unitary effect under the Unitary Patent Regulation (and in such event ADCT shall promptly make such application and on so doing, and promptly on receipt of notification of unitary effect from the European Patent Office, notify Sobi in writing); or (b) elect to Opt-Out or Opt-In.
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European Patents. On or after the License Option Exercise Closing Date, AbbVie shall have the sole right to decide whether a Joint Patent or a Product-Specific Patent should be validated or maintained as a Unitary Patent, whether and when such Patent should be opted out of or opted in to the jurisdiction of the Unified Patent Court (UPC) (including withdrawal of an opt-out), as well as any other issues concerning the jurisdiction of the UPC in connection with such Patent. Harpoon shall, at AbbVie’s cost and expense, cooperate with AbbVie and provide to AbbVie and submit to authorities all necessary documents to effect such decision.
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European Patents. Existing Customers of Euro
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European Patents. On or after the License Option Exercise Closing Date, AbbVie shall have the sole right to decide whether a Joint Patent or a Product-Specific Patent should be validated or maintained as a Unitary Patent, whether and when such Patent should be opted out of or opted in to the jurisdiction of the Unified Patent Court (UPC) (including withdrawal of an opt-out), as well as any other issues concerning the jurisdiction of the UPC in connection with such Patent. Harpoon shall, at AbbVie’s cost and expense, cooperate with AbbVie and provide to AbbVie and submit to authorities all necessary documents to effect such decision.
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Related to European Patents

  • Patents and Patent Applications To the Company’s knowledge, all patents and patent applications owned by or licensed to the Company or under which the Company has rights have been duly and properly filed and maintained; to the knowledge of the Company, the parties prosecuting such applications have complied with their duty of candor and disclosure to the USPTO in connection with such applications; and the Company is not aware of any facts required to be disclosed to the USPTO that were not disclosed to the USPTO and which could reasonably be expected to preclude the grant of a patent in connection with any such application or could reasonably be expected to form the basis of a finding of invalidity with respect to any patents that have issued with respect to such applications.

  • Patent The development of patentable inventions or discoveries is not the primary purpose of the research activities of the faculty. Employees have no obligation to seek patent protection for the results of scientific work nor to modify research to enhance patentability. 10.6.1 OC agrees that employees have the unqualified right to publish their inventions, improvements, designs or developments and, except as noted in section 10.6.3, OC waives, disclaims and abandons any interest in or claims to any invention, improvement, design or development made by an employee or employees and unless otherwise provided in this Article, any invention, improvement design or development, or any patent arising therefrom shall be the sole property of the inventor(s). 10.6.2 Where the activities are a part of work performed for which OC is not paying the employee from any source and no OC space or equipment is being used, the employee shall be entitled to any and all royalties from such patents. Employees shall have the right to make their own arrangements at their own expense to patent an invention, an improvement, a design or development and, subject to the obligations in the Article and except as noted in section 10.6.3, shall be entitled to all the proceeds therefrom.

  • Patent Applications It is understood by the parties that, pursuant to the Baylor Technology Transfer Agreement, MAS has the initial responsibility for filing, prosecution and maintenance of Patents and Patent Applications covering the Baylor Technology. The parties agree that, as between MAS and IllumeSys, MAS shall be responsible for deciding whether and how to file, prosecute and maintain the Patents and Patent Applications, provided that:

  • 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.

  • Trademarks, Patents Each of the Borrower and the Subsidiaries possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others.