Obtain and maintain the Patents Sample Clauses

Obtain and maintain the Patents. 8.2.1 On and from the Effective Date Orchard shall be responsible for the Patent Costs incurred with respect to patent prosecution activities undertaken with effect from the Effective Date in respect of the Joint Patent or the UCLB Patents (the “Licensed Patents”). 8.2.2 Orchard shall, in UCLA’s and UCLB’s name, have exclusive control, discretion and right as to how to prosecute through to grant and how to maintain and defend each of the Licensed Patents, subject to the remaining provisions of this Clause 8. Notwithstanding the foregoing, Orchard shall, where it is commercially reasonable and valuable to do so (having regard to the monopoly and protection afforded by the applicable Patents with respect to the Gene Therapy Products to be sold or marketed in such territory) take commercially reasonable steps to pursue prosecution and grant of the Joint Patent and UCLB Patents in at least in the Minimum Territories. Orchard shall not take into account any change in the Royalty rate for any Gene Therapy Product that may result from the grant of a Patent in its assessment of whether it is commercially reasonable and valuable to pursue prosecution and grant of the Joint Patent and UCLB Patents. 8.2.3 Orchard will obtain the prior written approval of UCLB (and UCLA in the case of the Joint Patent) (such approval not to be unreasonably delayed or withheld taking into account the advice received from the patent attorneys engaged to prosecute such patents) in relation to changes to Patent claims that Orchard wishes to make that will materially narrow or limit the scope of monopoly claimed in the Licensed Patent. If UCLB and/or UCLA withhold their consent, then Orchard shall not be liable for any invalidity, refusal of grant or other adverse finding against or in respect of the Patents in issue arising from such changes not having been made. 8.2.4 Orchard will keep UCLB (and, in connection with the Joint Patents, UCLA) informed of material developments and steps taken in the prosecution and maintenance of the Licensed Patents and shall provide UCLB with copies of all correspondence to and from patent offices in relation to the Licensed Patents and, subject to preserving privilege in advice, shall provide UCLB with reasonable notice of and the opportunity to attend and participate in any conference calls or meetings with Orchard’s patent attorneys in relation to the prosecution and maintenance of the Licensed Patents. 8.2.5 Orchard will consult with UCLB (and in the c...
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Obtain and maintain the Patents. (a) Licensee shall file, prosecute and maintain Patents, so as to secure the broadest patent protection reasonably available, through patent counsel selected by Licensee and reasonably acceptable to CUTS who shall consult with CUTS and keep CUTS advised with respect thereto. After the Effective Date of this Agreement, Licensee shall bear the cost and expense for the filing, prosecution and maintenance of Patents in the United States, European Patent Office, and Japan and any other foreign countries designated by Licensee. (b) With respect to any Patents, each patent application, office action, response to office action, request for terminal disclaimer, and request for reissue or reexamination of any patent issuing from such application shall be provided to CUTS. CUTS shall have the right to take any action that in its judgement is necessary to preserve such Patents. (c) CUTS shall and shall cause the inventors and UC to cooperate with Licensee with respect to filing, prosecution and maintenance of Patents. (d) If the Licensee wishes to abandon any such application or not to maintain any such Patent (or to cease funding such application or Patent) it shall give 3 months' prior written notice to CUTS and on the expiry of such notice period the Licensee shall cease to be licensed under the patent application or Patent identified in the notice and shall take all actions necessary to transfer the prosecution and maintenance of such patent application or Patent to CUTS.
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Obtain and maintain the Patents. 8.1.1 The Licensee shall be responsible for the drafting, filing, prosecution and maintenance of the Patents at its own cost and expense. 8.1.2 The Patents will be filed, prosecuted and maintained in the countries and territories set out in Schedule 4. The Licensee shall consult with UCLB in making any material decisions relating to the Patents such as which (if any) additional countries to file and maintain Patents in, and whether to elect to reject or submit to the competence of the Unitary Patent Court in respect of any Patent pursuant to Article 83(3) of the Agreement on a Unified Patent Court (2013/C 175/01) or to validate any of the Patents as a patent that has unitary effect by virtue of Regulation (EU) No 1257/2012, although the Licensee shall have the final decision. 8.1.3 The Licensee will obtain prior written approval of UCLB (which shall not be unreasonably withheld, conditioned or delayed) in relation to all changes to patent claims or specifications that would have the effect of reducing or limiting the extent of the patent coverage. 8.1.4 The Licensee will ensure that UCLB receives copies of all material correspondence to and from patent offices in respect of the Patents, including copies of all documents generated in or with such correspondence, and where practicable shall be given reasonable notice of and the opportunity to participate in any material conference calls or meetings with the Licensee’s patent attorneys in relation to the drafting, filing, prosecution and maintenance of the Patents, so that UCLB may be continuously informed of progress with the drafting, filing, prosecution and maintenance of the Patents. 8.1.5 The Licensee shall promptly notify UCLB of the grant of each patent comprised within the Patents. 8.1.6 If the Licensee wishes to abandon any application contained with the Patents or not to maintain any Patent, it shall give three (3) months’ prior written notice to UCLB and on the expiry of such notice period the licence of such Patent granted to the Licensee under this Agreement shall cease.
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Obtain and maintain the Patents. Until the Option Exercise Date, The School of Pharmacy shall at his own cost and expense: (a) endeavour to obtain and maintain valid patents in the name of The School of Pharmacy pursuant to each of the patent applications listed in Schedule 1 so as to secure the broadest monopoly reasonably available; and (b) pay all renewal fees in respect of the Patents as and when due.
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Obtain and maintain the Patents a) Pieris shall, at its own cost and expense and within its sole discretion, file, maintain and prosecute (i) in the Territories, the Patents claiming the Pieris Rights, the Pieris Arising IP and the Pieris Acquired IP, and (ii) in the Pieris Territory only, the Joint Arising IP. Pieris shall [***]. b) Zydus shall, at its own cost and expense and within its sole discretion, file, maintain and prosecute (i) in the Territory, the Patents claiming the Zydus Rights, the Zydus Arising IP and the Zydus Acquired IP, and (ii) in the Zydus Territory only, the Joint Arising IP. Zydus shall not [***]. c) Notwithstanding foregoing Sections 10(1)(a) and (b), for said Patents, if either Party (the “Ceasing Party”) wishes (i) not to file an application in any one of the following jurisdictions: [***], (ii) abandon any such patent application or (iii) not to maintain any such Patent in any one of said jurisdictions , it shall give prior written notice to the other Party at least [***] days before any relevant deadline, then the other Party has the right, exercisable within [***] days exercisable within [***] days of such notice, to take an assignment of the patent application or patent and, at its own expense, control the further prosecution the patent application or maintenance of such Patent. In the event such right is exercised by the other Party, the Ceasing Party shall effectuate said assignment and provide to the other Party all information necessary for the further prosecution or maintenance. For the avoidance of doubt, any such Patent is part of the other Party’s Acquired IP.
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Obtain and maintain the Patents. Somanta shall at its own cost and expense (and through counsel of its choosing, which shall initially be DLA ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ (by or under the supervision of ▇▇▇▇ ▇▇▇▇▇) and shall be through counsel reasonably acceptable to Immunodex and if Somanta changes law firms): (a) prosecute and endeavour to issue patents on each patent application within the BrE-3 Patents and Mc-3 Patents so as to secure the broadest claim coverage reasonably available on the basis of these applications; and (b) pay all renewal, annuity and maintenance fees in respect of the BrE-3 Patents and Mc-3 Patents as and when due and provide notice and evidence to Immunodex of such payments within 30 days of the effective date of payment;
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Obtain and maintain the Patents. Somanta shall at its own cost and expense (and through counsel of its choosing, which shall initially be DLA ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ (by or under the supervision of ▇▇▇▇ ▇▇▇▇▇) and shall be through counsel reasonably acceptable to Immunodex and if Somanta changes law firms): (a) prosecute and endeavour to issue patents on each patent application within the BrE-3 Patents and Mc-3 Patents so as to secure the broadest claim coverage reasonably available on the basis of these applications; and (b) pay all renewal, annuity and maintenance fees in respect of the BrE-3 Patents and Mc-3 Patents as and when due and provide notice and evidence to Immunodex of such payments within 30 days of the effective date of payment; provided that if Somanta wishes to abandon any such application or not to maintain any such patent within the Licensed Patents (or to cease funding such application or Patent) it shall give thirty (30) days' prior written notice to Immunodex and on the expiry of such notice period Somanta shall lose all licensing rights to such patent application or patent identified in the notice, and Immunodex may thereafter continue to pursue and maintain such patent applications and patents. (c) Immunodex will promptly after the date of this Agreement disclose a copy of all relevant documentation, within its legal possession and Control related to the prosecution or maintenance of any patent or patent applications listed on Schedule 1 to patent counsel identified by ▇▇▇▇▇▇▇. With respect to Licensed Patent prosecution conducted by Somanta under Section 6.1(a), Somanta shall provide to Immunodex no later than thirty (30) days after the date of anticipated filing (including without limitation of responses to office actions and the like) a draft of the anticipated filing. When ▇▇▇▇▇▇▇ provides the draft, it shall disclose such anticipated date of filing to Immunodex. Somanta shall reasonably consider and incorporate to the extent reasonable Immunodex's comments thereon received no later than five (5) days before the date of anticipated filing and shall confer with Immunodex in person or by telephone regarding any comments that Somanta does not wish to incorporate. The Parties' agreements regarding patent prosecution and maintenance are subject to the terms of the written agreements by which Immunodex derives rights in the Licensed Patents, to the full extent applicable.
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Obtain and maintain the Patents. 6.1.1 Bioenvision shall at its own cost and expense: 6.1.1.1 co-operate with Royal Free and its partners outside the Field (if any) and endeavor to obtain valid Patents in the Field so as to secure the broadest monopoly reasonably available; and 6.1.1.2 pay all renewal fees in respect of the Patents as and when due; provided that if Bioenvision wishes to abandon any such application or not to maintain any such Patent (or to cease funding such application or Patent) it shall give 3 months prior written notice to Royal Free and oil the expiry of such notice period Bioenvision shall cease to be licensed under the patent application or patent identified in the notice.
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Related to Obtain and maintain the Patents

  • Patent Prosecution and Maintenance 14.1 REGENTS will diligently prosecute and maintain the United States and foreign patent applications and patents under REGENTS' PATENT RIGHTS, subject to LICENSEE’S reimbursement REGENTS’ out of pocket costs under Paragraph 14.3 below, and all patent applications and patents under REGENTS’ PATENT RIGHTS will be held in the name of REGENTS. REGENTS will have sole responsibility for retaining and instructing patent counsel, but continued use of such counsel at any point in the patent prosecution process subsequent to initial filing of a U.S. patent application covering the INVENTION shall be subject to the approval of LICENSEE. If LICENSEE rejects three of REGENTS’ choice of prosecution counsel, then REGENTS may select new prosecution counsel without LICENSEE’s consent. REGENTS shall promptly provide LICENSEE with copies of all relevant documentation so that LICENSEE may be currently informed and apprised of the continuing prosecution and LICENSEE agrees to keep this documentation confidential in accordance with Article 26. LICENSEE may comment upon such documentation, provided, however, that if LICENSEE has not commented upon such documentation in reasonable time for REGENTS to sufficiently consider LICENSEE’s comments prior to the deadline for filing a response with the relevant government patent office, REGENTS will be free to respond appropriately without consideration of LICENSEE's comments. LICENSEE and LICENSEE's patent counsel will have the right to consult with patent counsel chosen by REGENTS. 14.2 REGENTS will use reasonable efforts to prepare or amend any patent application to include claims reasonably requested by LICENSEE to protect the LICENSED PRODUCTS contemplated to be SOLD or to be practiced under this AGREEMENT. 14.3 Subject to Paragraphs 14.4 all past, present, and future costs for preparing, filing, prosecuting, and maintaining all United States and foreign patent applications, and patents under REGENTS’ PATENT RIGHTS will be borne by LICENSEE, so long as the licenses granted to LICENSEE herein are exclusive. Payments are due within thirty (30) days after receipt of invoice from REGENTS. If, however, REGENTS reduces the exclusive licenses granted herein to non-exclusive licenses pursuant to Paragraphs 7.3, 7.4, or 7.5 and REGENTS grants additional license(s), the costs of preparing, filing, prosecuting and maintaining such patent applications and patents will be divided equally among the licensed parties from the effective date of each subsequently granted license AGREEMENT. 14.4 LICENSEE's obligation to underwrite and to pay all domestic and foreign patent filing, prosecution, and maintenance costs will continue for so long as this AGREEMENT remains in effect, provided, however, that LICENSEE may terminate its obligations with respect to any given patent application or patent in any or all designated countries upon three (3) months’ written notice to REGENTS. REGENTS will use its best efforts to curtail patent costs when such a notice is received from LICENSEE. REGENTS may continue prosecution and/or maintenance of such applications or patents at its sole discretion and expense; provided, however, that LICENSEE will have no further right or licenses thereunder.

  • Prosecution and Maintenance of Patent Rights (a) Subject to commercially appropriate and reasonable efforts (subject to oversight by the Advisory Committee), Genetronics shall at its own expense and by counsel of its own choice, file, prosecute and maintain all patent applications and patents within the Genetronics Patent Rights and any inventions conceived of and reduced to practice solely by its employees and agents hereunder. Genetronics shall do everything commercially appropriate and reasonable (subject to oversight by the Advisory Committee), including without limitation filing all documents and paying all fees to the appropriate patent offices to maintain the patents and pending patent applications in effect. Genetronics agrees to promptly provide Ethicon with copies of all correspondence to and from the patent offices related to the pending patent applications within the Genetronics Patent Rights. Ethicon shall have the right to provide comments to Genetronics regarding the content of such correspondence, and to comment thereon. Genetronics shall consider all such comments offered by Ethicon; provided, that all final decisions with respect to such prosecution shall rest solely in the discretion of Genetronics. In the event that Genetronics desires to abandon any such patent application or patent within the Genetronics Patent Rights, or if Genetronics later declines to prosecute or maintain any such patent application or patent, Genetronics shall provide reasonable prior written notice to Ethicon of such intention and Ethicon shall have the right, but not the obligation at its own expense, to file, prosecute, and maintain such patent application or patent, which Genetronics shall assign to Ethicon and shall no longer be subject to the terms of this Agreement. (b) The Advisory Committee shall determine which party shall be responsible for the filing, prosecution and maintenance of patent applications and patents within the Joint Patent Rights on a case by case basis, with the understanding that it is the parties' intent that Genetronics shall be initially responsible for the filing, prosecution and maintenance of patent applications and patents within the Joint Patent Rights related to the Drug Delivery System. In the event that a party responsible for the filing, prosecution and maintenance of any patent application or patent within the Joint Patent Rights desires to abandon such patent application or patent, or if such party later declines responsibility for such patent application or patent, such party shall provide reasonable prior written notice to the other party of its intention to abandon or decline responsibility, and the other party shall have the right, but not the obligation, to prepare, file, prosecute, and maintain any such patent application or patent within the Joint

  • Prosecution and Maintenance of Patents (a) Arbutus shall have the sole right and responsibility, in its sole discretion and at its sole cost and expense, to file, prosecute, maintain or abandon patent protection in the Territory for Arbutus Patents, post-grant review and similar proceedings. Arbutus shall notify Gritstone of all material developments and all significant actions to be taken in connection with prosecuting and maintaining the Arbutus Patents that Cover any Product and provide Gritstone with copies of all material filings or responses to be made to the patent authorities with respect to such Arbutus Patents and all other material submissions and correspondence with any patent authorities regarding such Arbutus Patents in sufficient time to allow for review and comment by Gritstone. Gritstone shall offer its comments or proposals, if any, promptly, and Arbutus shall not unreasonably reject any such comments and proposals. (b) Gritstone shall have the sole right and responsibility, in its sole discretion and at its sole cost and expense, to file, prosecute, maintain or abandon patent protection in the Territory for any Patent that is part of the Gritstone IP, or Product IP, including patent term extensions and defending opposition, re-examination, post-grant review and similar proceedings. (c) Subject to Section 6.2(d), [***], by counsel it selects to whom [***] has no reasonable objection, in consultation with [***], shall be responsible for the preparation, filing, prosecution and maintenance of the Patents Covering Joint IP in the countries selected by [***] in consultation with [***]. [***] shall provide [***] with access to all substantive documentation, filings and communications to or from the respective patent offices in the Territory with respect to the Joint Patents at reasonable times and on reasonable notice of at least [***] Business Days. [***] shall confer with and keep [***] reasonably informed regarding the status of such activities. (d) In the event that [***] desires to abandon, withdraw or otherwise discontinue the maintenance or prosecution of the Joint Patents in the Territory, [***] shall provide reasonable prior written notice to [***] of such intention (which notice shall, in any event, be given no later than [***] days prior to the next deadline for any action that may be taken with respect to such Patents with the applicable patent office) and [***] shall have the right, but not the obligation, to assume, at its expense, responsibility for the prosecution and maintenance thereof. (e) Except as provided in Section 6.2(d), all out-of-pocket costs and expenses incurred in the preparation, filing, prosecution and maintenance of any Patent that Covers Joint IP in the Territory shall be shared equally by the Parties. (f) Notwithstanding the foregoing, (i) Arbutus shall not file a patent application that includes any Gritstone IP or Gritstone Sole IP and (ii) Gritstone shall not file a patent application that includes any Arbutus Background IP, Arbutus Improvement IP or Arbutus Sole IP, in each case without the other Party’s prior written consent.

  • Prosecution and Maintenance Each party retains the sole right to protect at its sole discretion the Intellectual Property and Technology owned by such party, including, without limitation, deciding whether to file and prosecute applications to register patents, copyrights and mask work rights included in such Intellectual Property, whether to abandon prosecution of such applications, and whether to discontinue payment of any maintenance or renewal fees with respect to any patents included in such Intellectual Property.

  • Patent Filing Prosecution and Maintenance 7.1 Except as otherwise provided in this Article 7, the IC agrees to take responsibility for, but to consult with, the Licensee in the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and shall furnish copies of relevant patent-related documents to the Licensee. 7.2 Upon the IC’s written request, the Licensee shall assume the responsibility for the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and shall, on an ongoing basis, promptly furnish copies of all patent-related documents to the IC. In this event, the Licensee shall, subject to the prior approval of the IC, select registered patent attorneys or patent agents to provide these services on behalf of the Licensee and the IC. The IC shall provide appropriate powers of attorney and other documents necessary to undertake this action to the patent attorneys or patent agents providing these services. The Licensee and its attorneys or agents shall consult with the IC in all aspects of the preparation, filing, prosecution and maintenance of patent applications and patents included within the Licensed Patent Rights and shall provide the IC sufficient opportunity to comment on any document that the Licensee intends to file or to cause to be filed with the relevant intellectual property or patent office. 7.3 At any time, the IC may provide the Licensee with written notice that the IC wishes to assume control of the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights. If the IC elects to reassume these responsibilities, the Licensee agrees to cooperate fully with the IC, its attorneys, and agents in the preparation, filing, prosecution, and maintenance of any and all patent applications or patents included in the Licensed Patent Rights and to provide the IC with complete copies of any and all documents or other materials that the IC deems necessary to undertake such responsibilities. The Licensee shall be responsible for all costs associated with transferring patent prosecution responsibilities to an attorney or agent of the IC’s choice. 7.4 Each party shall promptly inform the other as to all matters that come to its attention that may affect the preparation, filing, prosecution, or maintenance of the Licensed Patent Rights and permit each other to provide comments and suggestions with respect to the preparation, filing, prosecution, and maintenance of the Licensed Patent Rights, which comments and suggestions shall be considered by the other party.