Common use of Jointly Owned Patents Clause in Contracts

Jointly Owned Patents. Once the Patent Committee has determined that an Invention is Jointly-Owned IP, then the Patent Committee shall inform the Parties of such decision in writing. TOTAL shall have fourteen (14) days from the receipt of such written notice to determine whether TOTAL is interested in participating in the filing of a patent application with respect to the Invention. (i) If TOTAL either declines or does not affirmatively responds within the fourteen (14) days, then AMYRIS shall have the first right, but not the obligation, to prepare and file patent applications and maintain patents in both Parties’ name using counsel acceptable to TOTAL; provided that AMYRIS provides TOTAL copies of all correspondence with any patent authority and material correspondence with patent counsel. TOTAL shall assist AMYRIS in connection with the filing of the patent application as reasonably required. If AMYRIS does not exercise its first right, then TOTAL shall have the right, but not the obligation, to prepare and file such patent application and maintain such patents in both Parties’ name using counsel acceptable to AMYRIS; provided that TOTAL provide AMYRIS copies of all correspondence with any patent authority and material correspondence with patent counsel. (ii) If TOTAL is interested in participating in the filing of the patent application, then both AMYRIS and TOTAL in an equal rights basis shall work together through the Patent Committee to determine the strategy for preparing and filing patent applications and maintaining patents in both Parties’ name using counsel acceptable to both Parties. All costs related to Jointly-Owned Patents shall be shared equally (50%/50%) by both Parties.