Filing Prosecution and Maintenance of Patent Rights Sample Clauses
The "Filing, Prosecution and Maintenance of Patent Rights" clause defines the responsibilities and procedures for securing, managing, and upholding patent protection for inventions covered by an agreement. It typically outlines which party is responsible for preparing and submitting patent applications, handling communications with patent offices, and paying required fees to keep patents in force. For example, one party may be designated to handle all filings while the other has rights to review or participate in decisions. This clause ensures that valuable intellectual property is properly protected and maintained, preventing loss of rights due to missed deadlines or mismanagement.
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Filing Prosecution and Maintenance of Patent Rights. 3.1 PALOMAR shall continue to be responsible for the preparation, filing, prosecution and maintenance of all patent applications and patents included in PATENT RIGHTS, and for all costs incurred therefor (“Costs”). PALOMAR may elect not to continue to prosecute or maintain any U.S. or foreign patent application or patent contained within the PATENT RIGHTS upon sixty (60) days advance written notice to GENERAL, and PALOMAR shall thereafter be relieved of the obligation to pay any additional Costs regarding such U.S. or foreign patent application or patent incurred after the expiration of such sixty (60) day notice period. After the expiration of such sixty (60) day notice period, such U.S. or foreign patent application or patent shall thereupon cease to be a PATENT RIGHT hereunder and GENERAL shall be free to file, prosecute and maintain and license its rights to that particular U.S. or foreign patent application or patent to any other party on any terms.
3.2 Notwithstanding Paragraph 3.1, in the event a party desires to obtain PATENT RIGHTS that would claim only inventions that are wholly outside of the LICENSE FIELD (“NON-LICENSE FIELD PATENT RIGHTS”), then such party shall notify the other party, which notice shall identify such inventions and the inventors thereof. During the thirty (30) day period following such other party’s receipt of such notice, the parties shall discuss in good faith the content of such inventions and the inventorship thereof, and if the parties disagree on and cannot resolve such issues within such 30-day period, either party shall have the right to have the dispute resolved in accordance with Paragraph 9.9 (with such 30-day period replacing the initial 60-day resolution period in Paragraph 9.9). During such 30-day period or dispute resolution, each party shall not seek any claims covering such inventions. The party that desires to obtain such NON-LICENSE FIELD PATENT RIGHTS shall be responsible for the preparation, filing, prosecution and maintenance of any patent applications and patents included in such NON-LICENSE FIELD PATENT RIGHTS (consistent with the agreement of the parties resulting from such discussions or dispute resolution), and for all Costs incurred therefor.
3.3 With respect to any PATENT RIGHT (whether covered under Paragraph 3.1 or 3.2) that is or would be jointly owned by PALOMAR and GENERAL, each document or a draft thereof pertaining to the filing, prosecution, or maintenance of such PATENT RIGHT, including b...
Filing Prosecution and Maintenance of Patent Rights. (a) [***]
Filing Prosecution and Maintenance of Patent Rights. 13.2.1 As between the Parties, subject to Section 13.3.2, Beam shall have the exclusive right to file, prosecute and maintain the Beam Base Editor Patent Rights, Beam Collaboration Patent Rights, Beam C2C1 Patent Rights and Patent Rights within the Beam Manufacturing Technology and Beam Delivery Technology. Subject to Beam’s obligations under Third Party Agreements, Beam shall give Verve the opportunity to provide comments on and make requests of Beam concerning the prosecution and maintenance of the Beam Base Editor Patent Rights, Beam C2C1 Patent Rights, Beam Collaboration Patent Rights and Patent Rights within the Beam Delivery Technology and Beam shall consider such comments and requests in good faith; however, final decision-making authority with respect to the prosecution and maintenance of such Patent Rights shall vest in Beam.
13.2.2 If and to the extent permitted by the Third Party Agreements to which Beam is a Party, Verve shall have the first right to file, prosecute and maintain Product-Specific Patent Rights. Verve will keep Beam advised on the status of the preparation, filing, prosecution, and maintenance of all patent applications included within such Product-Specific Patent Rights and the maintenance of any issued patents included within such Product-Specific Patent Rights. Further, Verve will consult and reasonably cooperate with Beam with respect to the preparation, filing, prosecution and maintenance of Product-Specific Patent Rights, including: (i) allowing Beam a reasonable opportunity and reasonable time to review and comment regarding relevant communications to Verve and drafts of any responses or other proposed filings by Verve before any applicable filings are submitted to any relevant patent office or Governmental Authority and (ii) reflecting any reasonable comments offered by Beam in any final filings submitted by Verve to any relevant patent office or Governmental Authority. If Verve elects not to file a patent application included in the Product-Specific Patent Rights in a country in the Territory or elects to cease the prosecution or maintenance of any Product-Specific Patent Right, Verve will provide Beam with written notice immediately, but not less than [**] before any action is required, upon the decision to not file or continue the prosecution of such patent application or maintenance of such patent. In such event, Verve will permit Beam to file or continue prosecution or maintenance of any such Product-Specific Patent ...
Filing Prosecution and Maintenance of Patent Rights. BioMarin shall be responsible, at BioMarin’s expense, for the filing, prosecution and maintenance of Patent Rights within the BioMarin Patent Rights and BioMarin/Genzyme Patent Rights, and Genzyme shall be responsible, at Genzyme’s expense, for the filing, prosecution and maintenance of Patent Rights within the Genzyme Patent Rights. For so long as any of the license grants set forth in Article 3 hereof remain in effect and upon request of the other Party, each of BioMarin and Genzyme agrees to file and prosecute patent applications and maintain the Patent Rights for which it is responsible in all countries in the Territory selected by the Steering Committee. Each of BioMarin and Genzyme shall consult with and keep the other Party fully informed of important issues relating to the preparation and filing (if time permits), prosecution and maintenance of such patent applications and patents, and shall furnish to the other Party copies of documents relevant to such preparation, filing, prosecution or maintenance in sufficient time prior to filing such document or making any payment due thereunder to allow for review and comment by the other Party and, to the extent possible in the reasonable exercise of its discretion, the responsible Party shall incorporate all such comments.
Filing Prosecution and Maintenance of Patent Rights. 7.1 Patent Filing, Prosecution and Maintenance.
Filing Prosecution and Maintenance of Patent Rights. Patent Filing, Prosecution and Maintenance. The JSC shall determine the jurisdictions within the Territory in which patent applications will be filed with respect to Joint Patent Rights. Subject to the foregoing, the responsibility for filing, prosecution and maintaining Patent Rights shall be as follows:
Filing Prosecution and Maintenance of Patent Rights. Neither Party may elect, pursuant to Section 4.2 of the MGH License, to not pay the costs of a certain Patent Right, if the relevant Patent Right is embodied in a priority document on which further international filings may be based, without first notifying the other Party in writing and giving the other Party the option to pay the costs for the Patent Right. The Parties agree to cooperate with each other and work with MGH to determine an appropriate process acceptable to MGH for handling filing, prosecution and maintenance of Patent Rights by territory. Until such time as the Parties agree on such a process, the Assignor and the Assignee shall continue to receive from MGH correspondence in relation to the filing, prosecution and maintenance of Patent Rights in the same manner as they do to date.
Filing Prosecution and Maintenance of Patent Rights. Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Filing Prosecution and Maintenance of Patent Rights. 8.1.1 NeuroVive Patent Rights
Filing Prosecution and Maintenance of Patent Rights. (a) Patent Filing Rights Prior to Option Exercise. [***]