Common use of Patent Management Clause in Contracts

Patent Management. 3.2.1 The Party owning the Invention shall be responsible for the preparation, filing, prosecution, and maintenance (the "Patent Management") of a Patent (the "Filing Party"), subject to the provisions of Section 3.2.2. 3.2.2 ATUGEN, at its expense, shall take any and all actions necessary with respect to the Patent Management of Patents, for any ATUGEN Inventions discovered or identified as a result of any TVD program. RIBOZYME shall take any and all actions necessary with respect to the Patent Management of Patents for all other Inventions arising out of or in connection with this Agreement including Patents claiming Nucleic Acid Molecules or Delivery Reagents discovered or identified other than as a result of a TVD program. ATUGEN has the right to pursue prosecution of those New Inventions or Joint Inventions, which RIBOZYME chooses not to pursue, at ATUGEN's expense, and RIBOZYME has the right to pursue prosecution of those ATUGEN Inventions, which ATUGEN chooses not to pursue, at RIBOZYME's expense. 3.2.3 Each Party agrees to cooperate fully in the Patent Management of any Patent Rights under this Agreement. Such cooperation includes, but is not limited to: (i) turning over to the Filing Party all files, papers and documents relating to such Patent; (ii) executing all papers and instruments, or requiring its employees or agents, to execute such [*] Confidential treatment requested papers and instruments, so as to effectuate the ownership of Patent Rights as set forth herein and to enable the other Party to apply for and to prosecute Applications in any country; and (iii) promptly informing the other Party of any matters coming to such Party's attention that may affect the Patent Management of any such Application. Each Party will notify the other Party promptly of any New Inventions developed solely or jointly by the Parties. 3.2.4 ATUGEN shall pay to RIBOZYME all expenses, including the attorneys' fees, relating to the prosecution, maintenance, defense and enforcement of Licensed Technology ("Patent Expense") according to the following schedule: (1) [*] (2) [*] (3) [*] 3.2.5 The categories of Licensed Technology set forth in the foregoing section 3.

Patent Management. 3.2.1 The Party owning the Invention shall be responsible for the preparation, filing, prosecution, and maintenance (the "Patent Management") of a Patent (the "Filing Party"), subject to the provisions of Section 3.2.2. 3.2.2 ATUGEN, at its expense, shall take any and all actions necessary with respect to the Patent Management of Patents, for any ATUGEN Inventions discovered or identified as a result of any TVD program. RIBOZYME shall take any and all actions necessary with respect to the Patent Management of Patents for all other Inventions arising out of or in connection with this Agreement including Patents claiming Nucleic Acid Molecules or Delivery Reagents discovered or identified other than as a result of a TVD program. ATUGEN has the right to pursue prosecution of those New Inventions or Joint Inventions, which RIBOZYME chooses not to pursue, at ATUGEN's expense, and RIBOZYME has the right to pursue prosecution of those ATUGEN Inventions, which ATUGEN chooses not to pursue, at RIBOZYME's expense. 3.2.3 Each Party agrees to cooperate fully in the Patent Management of any Patent Rights under this Agreement. Such cooperation includes, but is not limited to: (i) turning over to the Filing Party all files, papers and documents relating to such Patent; (ii) executing all papers and instruments, or requiring its employees or agents, to execute such [*] Confidential treatment requested papers and instruments, so as to effectuate the ownership of Patent Rights as set forth herein and to enable the other Party to apply for and to prosecute Applications in any country; and (iii) promptly informing the other Party of any matters coming to such Party's attention that may affect the Patent Management of any such Application. Each Party will notify the other Party promptly of any New Inventions developed solely or jointly by the Parties. 3.2.4 ATUGEN shall pay to RIBOZYME all expenses, including the attorneys' fees, relating to the prosecution, maintenance, defense and enforcement of Licensed Technology ("Patent Expense") according to the following schedule: (1) For that portion of the Licensed Technology which is applicable only to the TVD activities of Atugen ("TVD Patents"), Atugen shall pay [*] of the Patent Expenses. (2) For that portion of Licensed Technology which is applicable both to the TVD activities of Atugen and RIBOZYME activities in the Ribozyme Field ("Combination Patents"), Atugen shall pay [*] of the Patent Expenses; and (3) [*]For all Ribozyme Patent Rights that are neither TVD Patents nor Combination Patents, Atugen shall not be obligated to pay any Patent Expense and such Patents shall be excluded from the Licensed Technology herein ("Excluded Patents"). 3.2.5 The categories of Licensed Technology set forth in the foregoing section 3.