Jointly Owned Inventions. All Inventions which are conceived, reduced to practice, or created jointly by the parties and/or their respective agents (i.e., employees or agents who would be or are properly named as co-inventors under the laws of the United States on any patent application claiming such inventions) in the course of the performance of this Agreement shall be owned jointly by the parties. Each party shall have full rights, subject to the provisions of this Agreement, to freely exploit, transfer, license or encumber its rights in any such jointly-owned Inventions and the patent rights and other intellectual property rights therein without the consent of, or payment or accounting to, the other party. The parties shall share equally in the cost of mutually agreed patent filings with respect to all such jointly owned Inventions. The decision to file for patent coverage on jointly owned inventions shall be mutually agreed upon and the parties shall select a mutually agreeable patent counsel to file and prosecute patent *** Confidential material redacted and submitted separately to the Commission applications based on such joint Inventions; provided, however, that in the event that one party (a "Non-Interested Party") notifies the other in writing that is not interested in rights it may have in a joint Invention (relative to its corresponding expenses and costs including patent prosecution and maintenance), the other party (the "Interested Party") may elect to pursue rights in such a joint Invention at its own cost and expense (in which case the Non-Interested Party shall assign to the Interested Party the former's interests in and to the joint Invention). Each party shall cooperate with the other party in the filing and prosecution of such jointly owned patent applications. Such cooperation will include, but not be limited to, furnishing supporting data and affidavits for the prosecution of patent applications and completing and signing forms needed for the prosecution, assignment and maintenance of patent applications.
Appears in 1 contract
Sources: Development and Supply Agreement (Halozyme Therapeutics Inc)
Jointly Owned Inventions. All Subject to Section 9.3, all Inventions which are conceived, reduced to practice, or created jointly by the parties and/or their respective agents (i.e., employees or agents who would be or are properly named as co-inventors under the laws of the United States on any patent application claiming such inventions) in the course of the performance of this Agreement shall be owned jointly by the parties. Each party shall have full rights, subject to the provisions of this Agreement, to freely exploit, transfer, license or encumber its rights in any such jointly-owned Inventions and the patent rights and other intellectual property rights therein without the consent of, or payment or accounting to, the other party. The parties shall share equally in the cost of mutually agreed patent filings with respect to all such jointly owned Inventions. The decision to file for patent coverage on jointly owned inventions Inventions shall be mutually agreed upon upon, and the parties Parties shall select a mutually agreeable acceptable patent counsel to file and prosecute patent *** Confidential material redacted and submitted separately to the Commission applications based on such joint Inventions; provided, however, that in the event that . If one party (a "Non-Interested Party") notifies but not the other wishes to apply for patent protection in writing that is not interested in rights it may have in a joint Invention (relative to its corresponding expenses and costs including patent prosecution and maintenance)any country or countries, the other party (the "Interested Party") wishing to apply may elect to pursue rights in such a joint Invention do so at its own sole cost and expense (in which case its own name, and the Non-Interested Party shall assign party not making such an application shall, at the expense of the party making the application, provide the party making the application all reasonably necessary assistance, information and instruction, including executing any reasonable documents necessary to evidence and/or confirm the Interested Party ownership rights of the former's interests party applying for patent protection in and to the joint Invention)such country. Each Neither party shall cooperate amend or abandon any patent application, in respect of any intellectual property which is jointly owned by the parties, without the other party's written consent, which shall not be unreasonably withheld or delayed. The party making a patent application for jointly owned intellectual property shall consult with the other party in party, and incorporate the filing other party's reasonable comments and prosecution of such jointly owned patent applications. Such cooperation will includesuggestions, but not be limited to, furnishing supporting data and affidavits at reasonable intervals concerning the application for the prosecution of patent applications and completing and signing forms needed for the prosecution, assignment and maintenance of patent applicationssuch registration.
Appears in 1 contract
Sources: Commercial Supply Agreement (Halozyme Therapeutics Inc)
Jointly Owned Inventions. All Inventions which are conceived, reduced to practice, or created jointly by the parties and/or their respective agents (i.e., employees or agents who would be or are properly named as co-inventors under the laws of the United States on any patent application claiming such inventions) in the course of the performance of this Agreement shall be owned jointly by the parties. Each party shall have full rights, subject to the provisions of this Agreement, to freely exploit, transfer, license or encumber its rights in any such jointly-owned Inventions and the patent rights and other intellectual property rights therein without the consent of, or payment or accounting to, the other party. The parties shall share equally in the cost of mutually agreed patent filings with respect to all such jointly owned Inventions. The decision to file for patent coverage on jointly owned inventions shall be mutually agreed upon and the parties shall select a mutually agreeable patent counsel to file and prosecute patent *** Confidential material redacted and submitted separately to the Commission applications based on such joint Inventions; provided, however, that in the event that one party (a "“Non-Interested Party"”) notifies the other in writing that is not interested in rights it may have in a joint Invention (relative to its corresponding expenses and costs including patent prosecution and maintenance), the other party (the "“Interested Party"”) may elect to pursue rights in such a joint Invention at its own cost and expense (in which case the Non-Interested Party shall assign to the Interested Party the former's ’s interests in and to the joint Invention). Each party shall cooperate with the other party in the filing and prosecution of such jointly owned patent applications. Such cooperation will include, but not be limited to, furnishing supporting data and affidavits for the prosecution of patent applications and completing and signing forms needed for the prosecution, assignment and maintenance of patent applications.
Appears in 1 contract
Sources: Development and Supply Agreement (Halozyme Therapeutics Inc)