Joint Program Patent Rights Clause Samples

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Joint Program Patent Rights. ▇▇▇▇▇▇▇ shall have the initial right, but not the obligation, to prepare, file, prosecute and maintain Joint Program Patent Rights at its own expense in such countries as it deems appropriate, and conducting any interferences, re-examinations, reissues, or oppositions relating thereto using counsel mutually selected and engaged by ▇▇▇▇▇▇▇ and BN. If ▇▇▇▇▇▇▇ elects to not file, prosecute or maintain a Joint Program Patent Right, then it shall provide BN with at least thirty (30) day’s prior written notice and BN shall have the option, at its own expense, to file, prosecute or maintain such Joint Program Patent Right using counsel mutually selected and engaged by ▇▇▇▇▇▇▇ and BN.
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Joint Program Patent Rights. Promptly after the determination pursuant to Section 9.5 that any Program Technology is Joint Program Technology, ArQule will have the right, but not the obligation, to undertake the prosecution of Joint Program Patent Rights. Beryllium shall cooperate with and assist ArQule in all reasonable respects, in connection with ArQule’s preparation, filing, prosecution and maintenance of Joint Program Patent Rights. All Patent Costs incurred in connection with the preparation, filing, prosecution and maintenance of Joint Program Patent Rights shall be shared equally by the Parties. If a Party is not interested in equally sharing, or is not willing to equally share, the related Patent Costs with respect to any such Joint Program Patent Rights in a given country, then (a) the other Party (without payment), shall have the right to require that Party to assign (at the assigning Party’s own cost and expense), its rights in the Joint Program Patent Rights to the other Party, and (b) the other Party shall at its own cost and expense, file for and prosecute such Joint Program Patent Rights in such country in the other Party’s own name. In addition, if ArQule decides to cease prosecution or to allow to lapse any of the Joint Program Patent Rights for which it is responsible or decides not to prepare or file any patent application for Joint Program Patent Rights for which it is responsible in any country, ArQule shall inform Beryllium of such decision promptly and, in any event, so as to provide Beryllium a reasonable amount of time to meet any applicable deadline to establish or preserve such Joint Program Patent Rights in such country or region. Beryllium shall have the right, but not the obligation, to assume responsibility for continuing the prosecution of such Joint Program Patent Rights in such country or region and paying any required fees to maintain such Joint Program Patent Rights in such country or region or defending such Joint Program Patent Rights, all at Beryllium’s sole expense, through patent counsel or agents of its choice. Beryllium shall not become an assignee of any such Joint Program Patent Rights as a result of its assumption of any such responsibility. Upon transfer of ArQule’s responsibility for filing, prosecuting and maintaining any of the Joint Program Patent Rights to Beryllium under this Section 10.1.3, ArQule shall promptly deliver to Beryllium copies of all necessary files related to the Joint Program Patent Rights with respect to which resp...
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Joint Program Patent Rights. The Parties will cooperate through their respective Patent Coordinators to jointly select outside patent counsel to handle the filing, prosecution and maintenance of patents and patent applications claiming Joint Program Technology. ROSETTA shall control the prosecution of patent applications claiming inventions that are Joint Program Technology provided that, in addition to the provisions of Section 7.1.4, ROSETTA shall not take any action to amend or abandon any claim in a manner which would reduce the scope of coverage in the Field without the consent of AMBION, not to be unreasonably withheld, without affording AMBION the opportunity to retain such claim. The fees of counsel and the other costs and expenses related to patents and patent applications shall be shared equally by the Parties. Should one Party desire not to share in the cost of any such patent or patent applications, the other Party shall gain sole control of the filing, prosecution or maintenance of such patents or patent applications, which shall be deemed to be the Program Technology of such Party and such Party shall have sole responsibility for filing, prosecution or maintenance expenses with respect thereto.
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Joint Program Patent Rights. In the event of a Third Party Infringement of a Joint Program Patent Right outside the Field, the Parties shall enter into discussions as to whether and how to eliminate such Third Party Infringement. Each Party shall bear an equal share of the cost of any action, suit or proceeding instituted under this Section 7.2.1(c). An equal share of all amounts recovered shall be received by each party. If the Parties are unable to determine whether and how to institute an action, suit or proceeding for Third Party Infringement of any such Joint Program Patent Right in the Diagnosis of any disease other than Prostate Cancer, either Party shall have the right to prosecute such Third Party Infringement, in which event that Party shall hear all of the expense and be entitled to retain all amounts that it recovers. If the Parties are unable to determine whether and how to institute an action, suit or proceeding for Third Party Infringement of any such Joint Program Patent Right in the Therapy of any disease or any other use of Joint Program Patent Rights, ROSETTA shall have the right to Prosecute such Third Party Infringement, in which event ROSETTA shall bear all of the expense and be entitled to retain all amounts that it recovers. Each Party shall have the right to be represented by counsel of its own selection in any action, suit or proceeding instituted under this Section 7.2.1(c) by the other Party. If a Party lacks standing and the other Party has standing to bring any such action, suit or proceeding, then the Party with standing shall bring such suit at the at the request and expense of the other Party.
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Joint Program Patent Rights. In the event of an Infringement of a Joint Program Patent Right, then, subject to ArQule’s rights pursuant to Section 10.2.1(a)(ii), the Parties shall enter into good faith discussions as to whether and how to eliminate the Infringement.
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Joint Program Patent Rights. The Parties will cooperate to jointly select outside patent counsel to handle the filing, prosecution and maintenance of patents and patent applications claiming Joint Information and Inventions. The Parties shall jointly determine which Party shall control the prosecution of patent applications claiming inventions that are Joint Information and Inventions. The fees of counsel and the other costs and expenses related to patents and patent applications claiming Joint Information and Inventions shall be shared equally by the Parties. Should one Party desire not to share in the cost of any such patent or patent applications, the other Party shall gain sole control of the filing, prosecution and maintenance of such patents or patent applications, which shall be deemed to be the Information and Inventions of such Party and such Party shall have sole responsibility for filing, prosecution and maintenance expenses with respect thereto.
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Related to Joint Program Patent Rights

  • Joint Patent Rights If not already established under the Research Collaboration Agreement, prior to either Party filing any Patent Right disclosing Joint Program Technology or Joint Probody Platform Improvements, the Parties shall establish a patent committee (the “Patent Committee”) comprised of at least one (1) representative of each Party for the purpose of facilitating the preparation, filing, prosecution, maintenance and defense of Joint Patent Rights. As agreed upon by the Parties, meetings of the Patent Committee may be face-to-face or may be conducted by teleconferences or videoconferences, from time to time as needed. The Patent Committee will be the forum through which the Parties coordinate their respective obligations to each other described in Sections 5.2.2 and 5.2.3 hereof and in this Section. In the event the Parties conceive or generate any Joint Program Technology or Joint Probody Platform Improvements, the Parties shall promptly meet to discuss and determine, based on mutual consent, whether to seek patent protection thereon, which Party will control filing, prosecution and maintenance of such patents and how to pay for the filing, prosecution and maintenance of such patents. It is presumed that ImmunoGen will control filing, prosecution and maintenance of Joint Patent Rights claiming Joint Program Technology or Joint Conjugation Probody Platform Improvements, and that CytomX will control filing, prosecution and maintenance of Joint Patent Rights claiming Joint Unconjugated Probody Platform Improvements. Neither Party will file any Joint Patent Right without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. The Party controlling filing and prosecution of any such Joint Patent Right (a) shall keep the other Party informed regarding each Patent Right, (b) shall consider in good faith any recommendations made by the other Party in regard to the filing, prosecution or maintenance of any such Patent Right and (c) shall not unreasonably refuse to incorporate any recommendations made by the other Party in regard to such filing, prosecution or maintenance.

  • Licensed Patent Rights The Licensee shall indemnify and hold the IC, its employees, students, fellows, agents, and consultants harmless from and against all liability, demands, damages, expenses, and losses, including but not limited to death, personal injury, illness, or property damage in connection with or arising out of:

  • Patent Rights The State and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract.

  • 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.

  • Licensed Patents Immune Design, at its expense, shall have the first right to file, prosecute and maintain all Licensed Patents for which Immune Design has any exclusive rights under this Agreement using patent counsel reasonably approved by IDRI, including conducting any interferences, reexaminations, reissues, oppositions, or request for patent term extension relating thereto. Immune Design shall conduct such filing, prosecution and maintenance in good faith, taking into consideration IDRI’s retained rights hereunder, and consistent with reasonable business judgment, provide IDRI with all relevant or material documentation and proposed filing in the Territory so that IDRI may be concurrently and promptly informed of the continuing prosecution, and consult with IDRI with regards to Immune Design’s patent strategy with the Licensed Patents for which Immune Design has any exclusive rights under this Agreement. Licensed Patents in the name of IDRI shall remain in the name of IDRI. Immune Design shall use commercially reasonable efforts to ***, as applicable. To the extent such ***, Immune Design shall provide IDRI reasonable opportunity to review and comment on such prosecution efforts regarding such Licensed Patents in the Territory, and any IDRI comments will be reasonably considered in such prosecution efforts, and included to the extent affecting the IDRI Exclusive Field or IDRI Territory, as the case may be. If Immune Design determines in its sole discretion to abandon or not maintain any Licensed Patent for which Immune Design has any exclusive rights under this Agreement in the Territory, then Immune Design shall promptly provide IDRI with written notice of such determination at least sixty (60) days before any deadline for taking action to avoid abandonment and shall provide IDRI with the right, opportunity and reasonable assistance to prepare, file, prosecute and maintain such Licensed Patent in the applicable jurisdiction in IDRI’s sole discretion and at IDRI’s expense, provided that Immune Design shall provide such reasonable assistance at its own costs and expenses. If IDRI elects to prepare, file, prosecute and maintain such Licensed Patent in such jurisdiction for which Immune Design has any exclusive rights, then Immune Design’s license rights to such Licensed Patent in such country will become nonexclusive in such country under such Licensed Patent (and/or patent application). If IDRI desires Immune Design to file, in a particular jurisdiction, a Licensed Patent for which Immune Design has any exclusive rights under this Agreement that claims priority to another Licensed Patent for which Immune Design has any exclusive rights under this Agreement, IDRI shall provide written notice to Immune Design requesting that Immune Design file such patent application in such jurisdiction. If IDRI provides such written notice to Immune Design, Immune Design shall either (i) file and prosecute such patent application and maintain any patent issuing thereon in such jurisdiction and the Parties shall share the related costs and expenses (A) in countries *** on the basis of *** percent (***%) Immune Design: *** percent (***%) IDRI or (B) in countries within the IDRI Territory equally; or (ii) notify IDRI that Immune Design does not desire to file such patent application in such jurisdiction and provide IDRI with the opportunity to file and prosecute such patent application, provided that if IDRI files and prosecutes such patent application in such jurisdiction, then Immune Design’s license rights to such License Patent in such country will become nonexclusive in such country under such Licensed GLA Patent (and/or patent application). Immune Design shall be responsible for the costs and expenses incurred in connection with its own activities for filing, prosecuting and maintaining the Licensed Patents; IDRI shall be responsible for monitoring of such activities by IDRI.