Common use of Project Intellectual Property Rights Clause in Contracts

Project Intellectual Property Rights. (a) All rights and title to all inventions and intellectual property, including U.S. and foreign patent applications, created (conceived or reduced to practice) solely by Visiting Scholar/Affiliated Faculty while using NJIT facilities shall belong jointly to NJIT and Home Institution (or jointly between NJIT and Visiting Scholar/Affiliated Faculty if required by Home Institution’s applicable law). (b) All rights and title to all inventions and intellectual property, including U.S. and foreign patent applications, created (conceived or reduced to practice) jointly by NJIT representatives and Visiting Scholar/Affiliated Faculty shall belong jointly to NJIT and Home Institution (or jointly between NJIT and Visiting Scholar/Affiliated Faculty if required by Home Institution’s applicable law). (c) All rights and interests of the Parties to jointly owned inventions and intellectual property are subject to any and all rights belonging to any research sponsor, including but not limited to private or governmental third parties. The Parties shall cooperate fully with one another regarding joint patent filing, prosecution, maintenance, defense/enforcement, and commercialization efforts. Visiting Scholar/Affiliated Faculty represents that he/she is not under any consulting or other obligations to any third person, organization or corporation in respect to rights in inventions which are, or could be reasonably construed to be, in conflict with this Agreement. (d) The parties agree to negotiate with one another in good faith with respect to the apportionment of all reasonable costs and expenses related to filing, prosecuting and/or maintaining joint patents and to apportion any sale, licensing, sublicensing and/or optioning income derived from the same. NJIT shall have the right of first refusal with respect to the filing, prosecuting and/or maintaining all jointly owned patent applications and for selling, licensing, sublicensing, optioning and/or administering such patent rights. However, nothing herein shall obligate NJIT to file and/or pay for any patent application. (e) Neither Party shall license and/or commercialize joint patents without the prior written consent of the other, which consent shall not be unreasonably denied.

Project Intellectual Property Rights. (a) All rights and title to all inventions and intellectual property, including U.S. and foreign patent applications, created (conceived or reduced to practice) solely by Visiting Scholar/Affiliated Faculty Scholar while using NJIT facilities shall belong jointly to NJIT and Home Institution (or jointly between NJIT and Visiting Scholar/Affiliated Faculty Scholar if required by Home Institution’s applicable law). (b) All rights and title to all inventions and intellectual property, including U.S. and foreign patent applications, created (conceived or reduced to practice) jointly by NJIT representatives and Visiting Scholar/Affiliated Faculty Scholar shall belong jointly to NJIT and Home Institution (or jointly between NJIT and Visiting Scholar/Affiliated Faculty Scholar if required by Home Institution’s applicable law). (c) All rights and interests of the Parties to jointly owned inventions and intellectual property are subject to any and all rights belonging to any research sponsor, including but not limited to private or governmental third parties. The Parties shall cooperate fully with one another regarding joint patent filing, prosecution, maintenance, defense/enforcement, and commercialization efforts. Visiting Scholar/Affiliated Faculty Scholar represents that he/she is not under any consulting or other obligations to any third person, organization or corporation in respect to rights in inventions which are, or could be reasonably construed to be, in conflict with this Agreement. (d) The parties agree to negotiate with one another in good faith with respect to the apportionment of all reasonable costs and expenses related to filing, prosecuting and/or maintaining joint patents and to apportion any sale, licensing, sublicensing and/or optioning income derived from the same. NJIT shall have the right of first refusal with respect to the filing, prosecuting and/or maintaining all jointly owned patent applications and for selling, licensing, sublicensing, optioning and/or administering such patent rights. However, nothing herein shall obligate NJIT to file and/or pay for any patent application. (e) Neither Party shall license and/or commercialize joint patents without the prior written consent of the other, which consent shall not be unreasonably denied. Visiting Scholar agrees to promptly disclose in writing to NJIT any intellectual property created (conceived and/or reduced to practice) as a result of his/her activities at NJIT. Visiting Scholar also agrees not to file for any patent(s) related to his/her activities at NJIT or related to any proprietary and confidential material provided by NJIT, without the written permission of NJIT. (f) Each Party’s researchers and/or inventors, including Visiting Scholar, shall share in any Party’s respective portion of royalties resulting from commercialization under each Party’s applicable policies and practices.