Patentable Inventions and Know How Clause Samples

The "Patentable Inventions and Know-How" clause defines how rights to inventions, discoveries, and proprietary knowledge developed during the course of an agreement are handled between the parties. Typically, this clause specifies ownership, disclosure obligations, and the process for determining whether an invention is patentable or should be protected as confidential know-how. For example, it may state that inventions created by an employee during their work belong to the employer, or that both parties must promptly inform each other of any new inventions. The core function of this clause is to allocate intellectual property rights and responsibilities, thereby preventing disputes over ownership and use of innovations arising from the collaboration.
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Patentable Inventions and Know How. 6.1.1 Each party shall have and retain sole and exclusive title to all inventions, discoveries, 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. In the event that the employees, agents or other persons acting under the authority of both parties jointly make, conceive, reduce to practice or generate any inventions, discoveries, Know-How, then (I)if such invention, discovery, Know- -------------------------------------------------------------------------------- ** Certain portions of this exhibit have been omitted based upon a request for confidential treatment that has been filed with the Commission. The omitted portions have been filed separately with the Commission. How relates primarily to Genaera Technology then it shall be owned by Genaera, and (ii) if such invention, discovery or Know-How relates primarily to Bago Technology then it shall be owned by Bago. The parties agree that if the invention, discovery or Know-How relates to a Product, it shall be subject to the license granted in Section 3.1 or 3.2 of this Agreement; if the invention, discovery or Know-How relates to Reformulated Product, it shall be subject to the provisions of Section 3.3 of this Agreement. 6.1.2 During the term of this Agreement, Bago shall be responsible for the preparation, filing, prosecution, maintenance and related expenses of all Bago Patents and Genaera Patents approved anywhere in the Bago Territory; provided, however, that Bago shall not be responsible for the preparation, filing, prosecution, maintenance and related expenses of any Genaera Patents which relate to Reformulated Product in the Bago Territory unless such an agreement is reached pursuant to Section 3.3
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Related to Patentable Inventions and Know How

  • Patentable Inventions or Discoveries Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract.

  • Joint Inventions For Subject Inventions conceived or first actually reduced to practice under this Agreement that are joint Subject Inventions made by CONTRACTOR and USER, each Party shall have the option to elect and retain title to its undivided rights in such joint Subject Inventions.

  • Inventions and Patents For purposes of this Agreement, “Inventions” includes, without limitation, information, inventions, contributions, improvements, ideas, or discoveries, whether protectable or not, and whether or not conceived or made during work hours. Executive agrees that all Inventions conceived or made by Executive during the period of employment with Employer belong to Employer, provided they grow out of Executive’s work with Employer or are related in some manner to the Business, including, without limitation, research and product development, and projected business of Employer or its affiliated companies. Accordingly, Executive will: a. Make adequate written records of such Inventions, which records will be Employer’s property; b. Assign to Employer, at its request, any rights Executive may have to such Inventions for the U.S. and all foreign countries; c. Waive and agree not to assert any moral rights Executive may have or acquire in any Inventions and agree to provide written waivers from time to time as requested by Employer; and d. Assist Employer (at Employer’s expense) in obtaining and maintaining patents or copyright registrations with respect to such Inventions. Executive understands and agrees that Employer or its designee will determine, in its sole and absolute discretion, whether an application for patent will be filed on any Invention that is the exclusive property of Employer, as set forth above, and whether such an application will be abandoned prior to issuance of a patent. Employer will pay to Executive, either during or after the term of this Agreement, the following amounts if Executive is sole inventor, or Executive’s proportionate share if Executive is joint inventor: $750 upon filing of the initial application for patent on such Invention; and $1,500 upon issuance of a patent resulting from such initial patent application, provided Executive is named as an inventor in the patent. Executive further agrees that Executive will promptly disclose in writing to Employer during the term of Executive’s employment and for one (1) year thereafter, all Inventions whether developed during the time of such employment or thereafter (whether or not Employer has rights in such Inventions) so that Executive’s rights and Employer’s rights in such Inventions can be determined. Except as set forth on the initialed Exhibit B (List of Inventions) to this Agreement, if any, Executive represents and warrants that Executive has no Inventions, software, writings or other works of authorship useful to Employer in the normal course of the Business, which were conceived, made or written prior to the date of this Agreement and which are excluded from the operation of this Agreement.

  • Patents and Inventions The Contractor shall promptly and fully report to the Department any discovery or invention arising out of or developed in the course of performance of this Agreement. If the services under this Agreement are supported by a federal grant of funds, the Contractor shall promptly and fully report to the federal government for the federal government to make a determination as to whether patent protection on such invention shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered in order to protect the public interest.

  • INTELLECTUAL PROPERTY RIGHTS - INVENTION AND PATENT RIGHTS A. General 1. NASA has determined that 51 U.S.C. § 20135(b) does not apply to this Agreement. Therefore, title to inventions made (conceived or first actually reduced to practice) under this Agreement remain with the respective inventing party(ies). No invention or patent rights are exchanged or granted under this Agreement, except as provided herein.