Common use of Patent Committee Clause in Contracts

Patent Committee. As soon as is practical after beginning the R&D Activities hereunder, the Parties shall assemble a Patent Committee to oversee the preparation, filing, prosecution, maintenance and defense of patents and patent applications for which licenses are granted pursuant to this Agreement, except to the extent control over such activities is expressly retained by a Party hereunder. The Patent Committee shall be comprised of no more than 6 and no less than 4 persons with an equal representation by each of AMYRIS and TOTAL. The Patent Committee shall investigate each Invention made in course of the R&D Activities with respect to which ownership is allocated under this Agreement and the identity of the inventors for each Invention (except where one Party solely controls the prosecution of the Invention under this Agreement). Patent applications relating to Inventions in MEV Pathway IP and Preapproved AMYRIS Tools IP (but not other AMYRIS Tools IP) may be filed by AMYRIS prior to obtaining such designation from the Patent Committee; however, AMYRIS’ preliminary designation will have to be reviewed and ratified by the Patent Committee. Any disagreement within the Patent Committee regarding a matter under their discretion shall be resolved under Section 12.1 hereunder. When investigating Inventions related to the Mevalonate Pathway, the Patent Committee shall identify if there is an aspect of this Invention, independent from the Mevalonate Pathway that could be separately filed as a patent.