Common use of FILING PATENT APPLICATIONS Clause in Contracts

FILING PATENT APPLICATIONS. The Collaborator shall have the first option to file a patent application on any INVENTION MADE Under this Agreement, which option shall be exercised by giving notice in writing to the Air Force Activity within three (3) months after disclosure of the INVENTION under paragraph 5.1, and by filing a patent application in the U.S. Patent and Trademark Office within six (6) months after written notice is given. If the Collaborator elects not to file or not to continue prosecution of a patent application on any such INVENTION in any country or countries, the Collaborator shall notify the Air Force Activity 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 Collaborator does not file, or does not continue prosecution of, or make any required payment on, an application or patent on any such INVENTION, the Air Force Activity may file, or continue prosecution of, or make any required payment on, an application or patent, and the Collaborator agrees, upon request by the Air Force Activity, to assign to the GOVERNMENT all right, title and interest of the Collaborator in any such application or patent and to cooperate with the Air Force Activity in executing all necessary documents and obtaining cooperation of its employees in executing such documents related to such application or patent. The party filing an application shall provide a copy thereof to the other party.