Common use of Filing of Patents Clause in Contracts

Filing of Patents. Each Party will be responsible for the filing and prosecution, in such countries as the responsible Party shall select, of patents on Technology solely owned or solely invented by such Party and on Joint Technology which principally relates to its own Technology and which is developed during the Development Program, provided that the other Party will have the opportunity to provide substantive review and comment on any such prosecution solely as it relates to claims in the scope of the Development Program. Portions of any documents relating to any such prosecution not within the scope of the Development Program may be redacted by a Party prior to provision to the other Party. Except as set forth above, responsibility for filing and prosecution of patents on Joint Technology not principally related to either VIACELL Technology alone or MILTENYI Technology alone will be determined by the Chief Executive Officers of the Parties or their designee(s) on a case-by-case basis and handled by mutually acceptable patent counsel charged with the duty to act in the best interests of the Development Program.

Filing of Patents. Each Party will be responsible for the filing and prosecution, in such countries as the responsible Party shall select, of patents on Technology solely owned or solely invented by such Party and on Joint Technology which principally relates to its own Technology Techno logy and which is developed during the Development Program, provided that the other Party will have the opportunity to provide substantive review and comment on any such prosecution solely as it relates to claims in the scope of the Development Program. Portions of any documents relating to any such prosecution not within the scope of the Development Program may be redacted by a Party prior to provision to the other Party. Except as set forth above, responsibility for filing and prosecution of patents on Joint Technology not principally related to either VIACELL Technology alone or MILTENYI Technology alone will be determined by the Chief Executive Officers of the Parties or their designee(s) on a case-by-case basis and handled by mutually acceptable patent counsel charged with the duty to act in the best interests of the Development Program.