PATENT PROSECUTION AND LITIGATION Sample Clauses
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PATENT PROSECUTION AND LITIGATION. 13.01 CPG shall be responsible for the filing, prosecution and maintenance of PATENTS at its own expense and shall diligently file, prosecute and maintain all PATENTS. CPG shall disclose to SB the complete texts of all patents and patent applications filed and/or controlled by CPG which relate to ADJUVANTS contained in PRODUCT and/or COMBINATIONS as well as all information received concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving a PATENT relevant to the licenses granted hereunder anywhere in the TERRITORY. SB shall have the right to review all such pending applications and other proceedings and make recommendations to CPG concerning them and their conduct and CPG shall adapt such modifications and/or proceedings to take any such reasonable and timely SB comment and recommendation into account. CPG agrees to keep SB promptly and fully informed of the course of patent prosecution or other proceedings including the provision to SB of copies of substantive communications, search reports and THIRD PARTY observations submitted to or received from patent offices throughout the TERRITORY. CPG shall provide such patent consultation to SB at no cost to SB. SB shall hold all information disclosed to it under this section as confidential subject to the provisions of Sections 12.04 and 12.05.
13.02 CPG shall not abandon or otherwise cause or allow to be forfeited any PATENT relevant to the licenses granted hereunder without providing prior written notice to SB to allow SB to request assumption of prosecution or maintenance of any such PATENT, either alone or in conjunction with CPG’s other CO-EXCLUSIVE licensee. In addition the parties shall mutually agree before authorizing any amendment to any PATENT that would irrevocably reduce, abandon or materially modify the claims of such PATENT. SB’s rights pursuant to Sections 13.01 and 13.02 shall be exercised in a timely manner.
13.03 In the event of the institution of any suit by a THIRD PARTY against CPG, SB or their AFFILIATES or SB’s sublicensees or distributors for patent infringement involving the manufacture, use, sale, distribution or marketing of PRODUCT and/or COMBINATION by SB, its AFFILIATES or sublicensees or distributors. Anywhere in the TERRITORY, the party sued shall promptly notify the other party in writing. SB shall have the right but not the obligation to defend such suit at its own...
PATENT PROSECUTION AND LITIGATION. 7.01. Each party shall have and retain sole and exclusive title to all inventions or discoveries conceived by and know-how, including but not limited to any KNOW-HOW, made or generated by, its employees, agents, or other persons acting under its authority in the course of or as a result of this AGREEMENT. Each party shall own a fifty percent (50%) undivided interest in all such inventions, discoveries and know-how made, conceived, or generated jointly by employees, agents, or other persons acting under the authority of both parties in the course of or as a result of this AGREEMENT. However, for inventions, discoveries and know-how jointly owned by the parties, ADOLOR shall have a royalty-free exclusive license with the right to sublicense in the ADOLOR FIELD and SB shall have a royalty-free exclusive license with the right to sublicense in the FIELD. Except as expressly provided in this AGREEMENT, and to the extent legally permitted, each joint owner may make, use, sell, keep, license, assign, or mortgage such jointly owned inventions, discoveries and know-how, and otherwise undertake all activities a sole owner might undertake with respect to such inventions, discoveries and know-how, without the consent of and without accounting to the other joint owner.
(a) ADOLOR warrants and represents that it has disclosed to SB the complete texts of all PATENTS filed by or otherwise controlled by ADOLOR as of the EFFECTIVE DATE in the TERRITORY (including, but not limited to, method and use claims relating to PRODUCT) as well as all information received as of the EFFECTIVE DATE concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving a PATENT anywhere in the TERRITORY, ADOLOR further warrants and represents that it will disclose to SB the complete texts of all PATENTS filed by or otherwise controlled by ADOLOR after the EFFECTIVE DATE in the TERRITORY as well as all information received after the EFFECTIVE DATE concerning the institution or possible institution any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving a PATENT (the "Administrative Proceedings") anywhere in the TERRITORY. SB shall have the right to review all such PATENTS and other proceedings relating thereto and make recommendations to ADOLOR concerning them and their conduct. ADOLOR agrees to keep SB promptly and fully inform...
PATENT PROSECUTION AND LITIGATION. 7.1 TEMPLE, in consultation with COMPANY but in TEMPLE's sole discretion, shall diligently prosecute all patent applications and maintain all patents within PATENT RIGHTS, to the extent permitted by law, in all countries designated in writing by COMPANY during the term of this Agreement. Except as provided in paragraph 7.3, COMPANY shall be responsible for all costs and expenses incurred by TEMPLE, both prior to and during the term of this Agreement, in the preparation, filing and prosecution of all patent applications within PATENT RIGHTS, and in the maintenance of all patents within PATENT RIGHTS. Such costs and expenses shall not be creditable against any other payments due to TEMPLE under this Agreement.
7.2 COMPANY shall make all payments due to TEMPLE pursuant to Paragraph 7.1 within thirty (30) days of receipt of detailed invoices therefore supported by copies of the subject receipts and invoices or such other supporting documentation as COMPANY may reasonably request. TEMPLE, in its sole discretion, may elect to have its patent counsel submit such invoices directly to COMPANY, in which case COMPANY shall pay TEMPLE's patent counsel directly.
7.3 In the event COMPANY notifies TEMPLE in writing that it will stop paying the costs and expenses with respect to any patent application or patent in any country, TEMPLE, at its option, may assume the obligation of supporting such patent application or patent in such country, and COMPANY's rights and obligations thereto under this Agreement shall terminate in such country. Termination of COMPANY's rights and obligations with respect to any patent application or patent in any country shall in no way affect the rights and obligations of COMPANY to the same patent application or patent in any other country.
7.4 TEMPLE may file patent applications in countries other than those designated by COMPANY provided, however that TEMPLE shall notify COMPANY in writing of any such filing within thirty (30) days of the filing date. If within thirty (30) days of its receipt of such notification COMPANY fails to inform TEMPLE in writing that it wishes to support such applications in such countries, TEMPLE shall bear all the costs associated with such additional patent application filings, and such applications in such countries and any patents granting therefrom shall not be included within PATENT RIGHTS. TEMPLE shall then be free to license such patents and patent applications in such countries to others.
7.5 COMPANY, at its...
PATENT PROSECUTION AND LITIGATION. 9.01 Subject to Section 2.08 and 2.09 above, PTL shall be responsible for the filing, prosecution and maintenance of PATENTS at its own expense. PTL shall disclose to SB the complete texts of all patents and patent applications filed and/or controlled by PTL which relate to PRODUCT as well as all information received concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving a PATENT anywhere in the TERRITORY. SB shall have the right to review all such pending applications and other proceedings and make recommendations to PTL concerning them and their conduct and PTL shall take any such SB comment and recommendation into consideration. PTL agrees to keep SB promptly and fully informed of the course of patent prosecution or other proceedings including the provision to SB of copies of substantive communications, search reports and THIRD PARTY observations submitted to or received from patent offices throughout the TERRITORY. PTL shall provide such patent consultation to SB at no cost to SB. SB shall hold all information disclosed to it under this section as confidential subject to the provisions of Sections 8.04 and 8.05.
PATENT PROSECUTION AND LITIGATION. 8.1. Each party shall have and retain sole and exclusive title to all inventions, discoveries, designs, works of authorship and other know-how which are made, conceived, reduced to practice or generated by its employees, agents, or other persons acting under its authority. As to all inventions, discoveries, designs, works of authorship and other know-how made, conceived, reduced to practice or generated jointly by the respective employees, agents, or other persons acting under the authority of HGS and TRANSGENE, the parties shall own an equal undivided interest therein. In the event of jointly owned inventions, HGS shall be responsible for the filing, prosecution and maintenance of patents and patent applications directed thereto under the terms and conditions of Paragraph 8.2, however, each of HGS and TRANSGENE shall be responsible for an equal share of the cost and expense thereof. HGS shall consult with TRANSGENE with respect to strategies for filing, prosecution and maintenance of patents and patent applications for which it bears responsibility under this Paragraph 8.1, and shall keep TRANSGENE reasonably informed with regard to filing, prosecution and maintenance activity for such joint patents and patent applications, provided, however, that HGS shall have final decision-making authority with respect to filing, prosecution and maintenance of any patents and patent applications for which it is responsible. If a joint owner does not desire to file, prosecute or maintain a patent or patent application to a joint invention, such owner shall assign its ownership interest therein to the other joint owner and shall no longer be responsible for the cost and * Confidential treatment requested
PATENT PROSECUTION AND LITIGATION. 7.01 Each party shall have and retain sole and exclusive title to all inventions, discoveries and know-how which are made, conceived, reduced to practice or generated by its employees, agents, or other persons acting under its authority in the course of or as a result of this AGREEMENT. Each party shall own a fifty percent (50%) undivided interest in all such
PATENT PROSECUTION AND LITIGATION. 7.01 LICENSOR, or any entity having granted or granting rights to LICENSOR, shall be responsible for the filing, prosecution and maintenance of PATENTS which, subject to Paragraph 7.02, shall be at the cost and expense of LICENSOR (or the entity having granted or granting rights to LICENSOR). LICENSOR shall disclose to LICENSEE the complete texts of all patent applications within PATENTS as well as all information received concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceedings involving a PATENT anywhere in the TERRITORY. LICENSEE shall have the right to review all such pending applications and other proceedings and to make comments and/or recommendations to LICENSOR concerning them and their conduct and
PATENT PROSECUTION AND LITIGATION. Peptide shall be responsible for the filing, prosecution and maintenance of Patents at its own expense.
PATENT PROSECUTION AND LITIGATION. 7.01. All reasonable costs, incurred prior to and after the Effective Date of this Agreement relating to Patent Rights, including all costs incurred by TJU relating to the preparation, filing and prosecution, issuance, reissuance, reexamination, interference and maintenance shall be reimbursed by INTRACEL. TJU shall endeavor to insure that all patent applications, office actions, and responses to office actions concerning such Patent Rights shall be provided to INTRACEL. TJU shall endeavor not to irrevocably alter the scope of patent coverage within such Patent Rights without prior review by INTRACEL; any such modification shall not, however, require the approval of INTRACEL and INTRACEL shall not control the prosecution of the Patent Rights. In the event INTRACEL wishes to relieve itself of any obligation to pay for the future reasonable expenses of preparation, filing, prosecution, issuance, reissuance, reexamination, interference or maintenance of any Patent Rights submitted to INTRACEL by TJU under this paragraph, it may provide TJU with one-hundred and twenty (120) days notice of such decision, whereupon TJU may assume such costs and thereafter those Patent Rights for which INTRACEL elects not to cover patent costs shall be the sole property of TJU and not be subject to the right and licenses provided for in ARTICLE II. INTRACEL shall be responsible for all 7 -7- reasonable expenses incurred prior to, or as a result of irrevocable action taken prior to, the effective date of such decision.
PATENT PROSECUTION AND LITIGATION. 7.01 (a) JAGOTEC shall retain full title to and sole ownership of PATENTS, JAGO-KNOW-HOW and GEOMATRIX® TECHNOLOGY, and SB shall not, whether directly or indirectly, through its officers, directors, employees, agents, AFFILIATES, sublicensees, distributors, customers or other controlled or associated THIRD PARTIES, acquire any proprietary interest therein or other right thereto, other than as provided in this AGREEMENT.