Common use of Patents and Trade Secrets Clause in Contracts

Patents and Trade Secrets. 12.1 Any Invention conceived or reduced to practice solely by Palomar employees or anyone working with Palomar other than Coherent in the performance of any Development Project, shall be owned by Palomar. Palomar shall promptly advise Coherent in writing of each Invention disclosed to Palomar. In the event of joint inventorship between Coherent and Palomar employees, the Invention will be deemed to be jointly owned. Patent applications for Inventions owned jointly by Palomar and Coherent shall be filed as mutually agreed upon by the parties, except that any such agreement must be reached on terms reasonably calculated to obtain such patents. 12.2 All patent costs pertaining to any Palomar Patent Rights, including preparation, filing, prosecution, issuance and maintenance costs, shall be borne by Palomar, except for Patent Rights owned jointly by the parties, which shall be shared equally, and which shall be reimbursed as incurred.

Appears in 2 contracts

Sources: Sales Agency, Development and License Agreement (Palomar Medical Technologies Inc), Sales Agency, Development and License Agreement (Palomar Medical Technologies Inc)