Common use of Ownership of Intellectual Property and Patent Rights Clause in Contracts

Ownership of Intellectual Property and Patent Rights. 24 11.1 Non-Gene Product Inventions Resulting from the Research Ownership and disclosure of all inventions and/or discoveries made during the Research that are not either Corixa Gene Products or GenQuest Gene Products shall be handled as set forth in this Section 11.1. During the Research Term, GenQuest shall promptly inform Corixa of all inventions and/or discoveries made during the Research and that are conceived, made or developed by employees or service providers of GenQuest, solely or jointly with employees or service providers of Corixa. During the Research Term, Corixa shall promptly inform GenQuest of all inventions and/or discoveries made during the Research and that are conceived, made or developed by employees or service providers of Corixa, solely or jointly with employees or service providers of GenQuest. Inventions and/or discoveries made during the Research shall be owned as follows: (a) Such inventions and/or discoveries (other than Gene Products) discovered or invented during the Research Term shall be owned by Corixa if invented solely by service providers or employees of Corixa. All patent applications and patents covering such discoveries or inventions shall be Corixa Research Patents (whether such patent applications were filed or patents were issued before or after the end of the Research Term). (b) Such inventions and/or discoveries (other than Gene Products) shall be owned by GenQuest if invented solely by service providers or employees of GenQuest. All patent applications and patents covering such inventions and/or discoveries shall be GenQuest Patents (whether such patent applications were filed or patents were issued before or after the end of the Research Term). (c) Such inventions and/or discoveries (other than Gene Products) shall be owned jointly by Corixa and GenQuest if invented jointly by or on behalf of service providers or employees of Corixa and GenQuest. All such patent applications and patents pertaining to jointly developed inventions and/or discoveries shall be Joint Patents (whether such patent applications were filed or patents were issued before or after the end of the Research Term). With respect to any subject matter that is owned jointly by Corixa and GenQuest hereunder, each party shall have the right to exploit and license the same (subject to the exclusive rights granted pursuant to this Agreement), without the consent of the other party and without any obligation to account to the other party.