Common use of FILING PATENT APPLICATIONS Clause in Contracts

FILING PATENT APPLICATIONS. Subject to negotiation, the Collaborating Party shall have the first option to file a joint patent application on any joint Subject Invention Made under this Agreement, which option shall be exercised by giving notice in writing to the FAA and by filing a patent application in the U.S. Patent and Trademark Office (USPTO) within six (6) months after written notice is given. If the Collaborating Party elects not to file or not to continue prosecution of a patent application on any such Invention in any country or countries, the Collaborating Party shall notify the FAA thereof at least three (3) months prior to the expiration of any applicable filing or response deadline, priority period or statutory bar date. In any country in which the Collaborating Party does not file, or does not continue prosecution of, or make any required payment on, an application or patent on any such Invention, the FAA may file, or continue prosecution of, or make any required payment on, an application or patent. The Collaborating Party then assigns to the FAA whatever right, title and interest the Collaborating Party has in and to such Invention.

Appears in 2 contracts

Sources: Cooperative Research and Development Agreement, Cooperative Research and Development Agreement

FILING PATENT APPLICATIONS. Subject to negotiation, the Collaborating Party shall have the first option to file a joint patent application on any joint Subject Invention Made under this Agreement, which option shall be exercised by giving notice in writing to the FAA and by filing a patent application in the U.S. Patent and Trademark Office (USPTO) within six (6) months after written notice is given, but in any event, prior to statutory bar. If the Collaborating Party elects not to file or not to continue prosecution of a patent application on any such Invention in any country or countries, the Collaborating Party shall notify the FAA thereof at least three (3) months prior to the expiration of any applicable filing or response deadline, priority period or statutory bar date. In any country in which the Collaborating Party does not file, or does not continue prosecution of, or make any required payment on, an application or patent on any such Invention, the FAA may file, or continue prosecution of, or make any required payment on, an application or patent. The Collaborating Party then assigns to the FAA whatever right, title and interest the Collaborating Party has in and to such Inventioninvention, application, or patent.

Appears in 1 contract

Sources: Cooperative Research and Development Agreement