Maintenance of Licensed Patents Clause Samples
The Maintenance of Licensed Patents clause requires one or both parties to ensure that the patents covered by the license remain in force and good standing. This typically involves paying all necessary government fees, filing required documents, and taking any actions needed to prevent the patents from lapsing or being invalidated. By clearly assigning responsibility for patent upkeep, this clause helps prevent accidental loss of rights and ensures that the licensee continues to benefit from the licensed intellectual property.
Maintenance of Licensed Patents. The University shall take all commercially reasonable steps to cause each Licensed Patent to remain or be valid and subsisting.
Maintenance of Licensed Patents. Each Party is responsible for determining whether, where, and on what to pursue patent protection for its technology. Either Party (the “Licensor Party”) may discontinue prosecution or maintenance, abandon, or dedicate to the public any of patents and patent applications included in the MASIMO Technology or LABS Technology, as applicable, owned by such Party and in its sole discretion, provided, however, that the Licensor Party shall take reasonable efforts to provide the other Party (the “Licensee Party”) with at least 15 days notice prior to abandonment or other dedication to the public of any patent or patent application in the United States or Western Europe. Upon such notice, the Licensee Party shall have 7 days to notify the Licensor Party, in its sole discretion, that such licensed patent should not be abandoned or otherwise dedicated to the public. In such event, the Licensee Party shall be responsible for payment of any costs of maintaining such licensed patents or controlling prosecution at its expense of any licensed patent applications. While there is a single CEO, no written notice to the other company is required. In addition, failure to provide the notice in this paragraph is not a material breach of this Agreement.
Maintenance of Licensed Patents. HSI shall take all commercially reasonable steps to cause each Licensed Patent to remain or be valid and subsisting.
Maintenance of Licensed Patents. Universal shall notify Adaptimmune on a timely basis of any failure on its part to comply with any reimbursement or other payment obligation under the AAV/HLA-engineering licence or other default which may cause or result in any Licensed Patent to cease to fall within the Sub-licence or which might result in any Licensed Patent lapsing or ceasing to be filed, prosecuted or maintained. Such notice shall where possible be provided in sufficient time for Adaptimmune to correct any non-payment or reimbursement obligation of Universal. Any correction made by Adaptimmune shall be reimbursed in full by Universal.
Maintenance of Licensed Patents. Demand Media may in its sole discretion cease the maintenance of any Licensed Patents; provided, however, that if Demand Media elects not to pay a maintenance fee on a Licensed Patent, it will provide written notice to that effect to Rightside Opco at least three months before the due date of the next maintenance fee payment thereon, and thereafter, Rightside Opco may elect to pay the applicable maintenance fees. Further, in the event that Demand Media abandons or otherwise ceases the maintenance of any Licensed Patent, then upon Rightside Opco’s written request, Demand Media shall assign its rights in such abandoned Licensed Patent to Rightside Opco.
Maintenance of Licensed Patents. Subject to Section 2.1 and the terms of this Section 2.3, ILEX shall prosecute and maintain in the Territory, using outside patent counsel mutually agreed to, **** cost and expense, all patents and patent applications set forth on Exhibit A, using professional and diligent efforts. For purposes of the preceding sentence, the Parties agree that the law firm of Fulbright and ▇▇▇▇▇▇▇▇ is mutually agreeable as of the Effective Date, provided that each Party retains the right to object to the use of such firm in the event circumstances change. For patent costs and expenses incurred for calendar year 2003 for Licensed Patents, the parties shall ****, provided, however, that if Licensee returns to ILEX or otherwise loses its rights to a Licensed Patent in one or more jurisdictions, then the parties shall **** only for the period of time prior to such return or loss of rights. If Licensee notifies ILEX in writing that it is no longer pursuing research or development of one or more Licensed Compounds claimed in a Licensed Patent, but is pursuing research or development of other Licensed Compounds claimed therein, and ILEX desires to pursue research and development of such Licensed Compounds then the parties shall thereafter **** the cost of filing, prosecution and maintenance of such Licensed Patent in all jurisdictions. Licensee shall have the right to direct such prosecution and maintenance. In the event Licensee determines not to prosecute a patent in any jurisdiction in the Territory, Licensee shall notify ILEX in writing. ***************************************** ****************** shall cease effective the date of such written notice. At Licensee's option, Licensee shall have the right to assume responsibility for the prosecution and maintenance of all patents and patent applications listed on Exhibit A, including all corresponding foreign patents and patent applications as Licensee shall deem necessary to file, prosecute and maintain.
Maintenance of Licensed Patents. [**]. To the extent Seller has the right to do so pursuant to the Upstream Agreement, Seller shall not allow the Institutions to abandon any portion of the term of or otherwise cause or allow to be forfeited any of the Licensed Patents (other than any Licensed Patent described on Schedule 6.13 of the Disclosure Schedules) [**] (other than (i) the filing of a terminal disclaimer in order to overcome a double patenting rejection or (ii) allowing a patent application to lapse in connection with the filing of a replacement continuation or divisional application with respect to such patent).
Maintenance of Licensed Patents. Subject to Section 4.1, the University shall take all commercially reasonable steps to cause each Licensed Patent to remain or be valid and subsisting. THE COMPANY HAS REQUESTED AN ORDER FROM THE SECURITIES AND EXCHANGE COMMISSION (THE “COMMISSION”) PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, GRANTING CONFIDENTIAL TREATMENT TO SELECTED PORTIONS. ACCORDINGLY, THE CONFIDENTIAL PORTIONS HAVE BEEN OMITTED FROM THIS EXHIBIT, AND HAVE BEEN FILED SEPARATELY WITH THE COMMISSION. OMITTED PORTIONS ARE INDICATED IN THIS EXHIBIT WITH “*****”.
Maintenance of Licensed Patents. If Licensee determines that any fee required to maintain any Patent in effect or to issue any patent application has not been paid by Licensor, then Licensee may, in its sole discretion, pay such fee on behalf of the Licensor. Further, if Licensee determines that any filings, responses, appeals, or other actions should be taken to obtain or retain rights to patents in any country for inventions disclosed in any Patent, then Licensee may, in its sole discretion, take such action on behalf of and in the name of the Licensor.
Maintenance of Licensed Patents. Nephros shall have the sole right to maintain the Licensed Patents, and pay whatever expenses are required in Nephros’ sole discretion for such maintenance. Notwithstanding the foregoing, in the event Nephros does not intend to pay the required maintenance fees for a Licensed Patent in the Authorized Territory, Bellco shall be promptly be informed and Bellco may elect at its sole discretion to pay the maintenance fees for such Licensed Patent, and be entitled to reimbursement for its expense as a credit against royalties upon an agreed upon recovery schedule. In case of lapse of a Licensed Patent in any given Authorized Territory, Bellco will not pay the royalties relating to the impacted jurisdiction from and after the effective date of lapse through the effective date of any reinstatement.