Prosecution of Patents Sample Clauses
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Prosecution of Patents. (a) Subject to Section 9.2(b) with respect to a Licensor Patent, as between the Parties, Licensee will have the exclusive right to prepare, file, prosecute and maintain the Licensor Patents, including handling re-examinations and reissues together with the conduct of interferences, derivation proceedings, pre-and post-grant opposition proceedings, post-grant patent proceedings (such as inter partes review and post grant review) (collectively, the “Prosecution and Maintenance”). As between the Parties, [***] incurred after the Effective Date only in connection with the Prosecution and Maintenance of any Licensor Patent that it chooses to Prosecute and Maintain in the Territory. Before any substantive prosecution filing, Licensee will provide Licensor with a reasonable opportunity to review and comment on such prosecution efforts regarding the Licensor Patents as follows: Licensee will provide Licensor with copies of all material communications from any patent authority regarding the Licensor Patents, and will provide Licensor, for its review and comment, with drafts of any material filings or responses to be made to such patent authorities in a reasonable amount of time in advance of submitting such filings or responses. Licensee will consider in good faith any reasonable comments thereto provided by Licensor in connection with the prosecution of the Licensor Patents. Each Party will provide the other Party all reasonable assistance and cooperation (at the other Party’s cost) in the Prosecution and Maintenance efforts of any Licensor Patent provided in this Section 9.2(a), including executing any other required documents or instruments for such filings, Prosecution and Maintenance.
(b) If Licensee decides not to Prosecute and Maintain, or to abandon, any Licensor Patent anywhere in the Territory without having first filed a substation Patent application, Licensee will promptly notify Licensor and Licensor may assume Licensee’s rights and responsibilities under this Section 9.2(a) with respect to such Licensor Patent, and in connection with assuming such rights and responsibilities, including responsibility for costs, Licensor may Prosecute and Maintain such Licensor Patent in the Territory, and unless Licensee reimburses all of Licensor’s documented out-of-pocket costs to Prosecute and Maintain such Patent after issuance, such Patent shall thereafter be excluded from the definition of “Licensor Patents” for purposes of the applicable license grant in Articl...
Prosecution of Patents. (a) The Licensor shall be solely responsible for preparing, prosecuting and maintaining the BENTLEY Patents.
(b) Each Party shall cooperate with the other Party to execute all required papers and instruments and to make all required oaths and declarations as may be necessary in the preparation and prosecution of all such patents and other applications and protections referred to in this Section 9.1.
Prosecution of Patents. 7.1.1 Wistar shall have the exclusive responsibility and control over the Prosecution of the Licensed Patents. Company shall reimburse Wistar for Patenting Costs incurred by Wistar prior to the Effective Date (“Past Patenting Costs”) within [**] ([**]) days of the Effective Date. With respect to any Patenting Costs incurred by or on behalf of Wistar after the Effective Date, Company shall remit payment of such Patenting Costs within [**] ([**]) days after Company receives invoices for same. Notwithstanding the foregoing, at least [**] ([**])) days before a particular action is required for the protection of certain rights comprising the Licensed Patents (the “Bar Date”), Wistar shall have the right to request advance payment of reasonable estimated Patenting Costs for such action if such estimated Patenting Costs are at least [**] dollars ($[**]), and Company shall be obligated to pay the amount of such estimated Patenting Costs no less than [**] ([**]) days before the Bar Date. So long as Wistar’s request is timely made, Wistar shall have no obligation to take or have taken such action, and no liability for failing to take such action, to protect the Licensed Patents at issue, unless the estimated Patenting Costs are timely paid by Company, even if the result is the irrevocable loss of rights.
7.1.2 Company and Wistar shall mutually determine the jurisdictions, other than the United States, where the Licensed Patents shall be Prosecuted. If Company declines to pay for Patenting Costs in any jurisdiction, Wistar may do so at its cost and expense but such patents and the subject matter of any application relating thereto shall be excluded from the definition of Licensed Patents.
7.1.3 If Wistar elects not to Prosecute any patent or patent application included in the Licensed Patents, it shall notify Company at least [**] ([**]) days prior to taking, or not taking, any action which would result in abandonment, withdrawal, or lapse of such patent or patent application. Company shall then have the right to Prosecute such patent or patent application at its own cost and expense in Wistar’s name.
7.1.4 Each party shall cooperate with the other party to execute all lawful papers and instruments and to make all rightful oaths and declarations as may be necessary in the Prosecution of all such patents and other applications and protections referred to in this Article 7.
7.1.5 All non-public information exchanged between the parties or between Wistar’s patent counse...
Prosecution of Patents. Except as set forth below, as between the Parties, Genoptix shall have the sole right, in its discretion, to prepare, file, prosecute (including any interferences, reissue proceedings and reexaminations) and maintain all patent applications or patents within the Developed IP and shall bear all costs associated therewith. Genoptix shall keep Ambit informed of progress with regard to the preparation, filing, prosecution and maintenance of patent applications and patents within the Developed IP. If Genoptix determines in its sole discretion to abandon, cease prosecution or not maintain any patent application or patent within the Developed IP, then Genoptix shall provide Ambit written notice of such determination at least thirty (30) days before any deadline for taking action to avoid abandonment (or other loss of rights) and shall provide Ambit with the opportunity to prepare, file, prosecute and maintain such patent application or patent. Each Party shall provide the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided above in this Section 7.3, including providing any necessary powers of attorney and executing any other required documents or instruments for such prosecution.
Prosecution of Patents. LICENSOR has taken and shall use it best efforts to undertake all actions necessary for prosecution and maintenance of the Licensed Patents, including prosecution of all patent applications, payment of maintenance, annuity, and renewal fees as required by the respective national, international or regional patent offices that issued the patents, and payment of all attorney fees and costs for prosecution, maintenance, and grant of any pending patent applications. LICENSEE may suggest specific countries in which it believes patent protection may be of value in view of its marketing strategy for the Licensed Products, however, selection of countries and/or regions for future international and national stage patent filings of Licensed Patents shall be within the sole discretion of LICENSOR. However, if LICENSEE wishes to pursue patent protection in a country or region in which LICENSOR has elected not to file, LICENSEE may request that LICENSOR pursue such patent protection at LICENSEE’s expense, which shall include all prosecution costs and maintenance fees. LICENSOR shall further have sole discretion in determining whether a particular patent or patent application has ceased to be of sufficient business value to warrant incurring additional prosecution and maintenance fees and costs, but shall notify LICENSEE of LICENSOR’s intention to allow the particular patent or patent application to lapse at least thirty days (30) prior to irretrievable abandonment so that LICENSEE may request that the patent or patent application be kept in force at LICENSEE’s expense. Any costs associated with patent prosecution and/or maintenance requested by LICENSEE after LICENSOR has given notice of its intent to forego patent rights or allow the patent or patent application to lapse will be borne by the LICENSEE. Notwithstanding anything in this Agreement to the contrary, as to any Licensed Patent which LICENSOR elects not to pursue, file, continue prosecuting or maintain in the United States, but which LICENSEE chooses have LICENSOR pursue, file, continue prosecuting or maintain and for which LICENSEE pays the preparation and/or prosecution costs and/or maintenance fees, LICENSEE shall have the authority to control the preparation and/or prosecution and/or maintenance thereof, and LICENSOR shall assign all rights, title and interest in and to any such Licensed Patents to LICENSEE, provided however, to the extent that any prosecution is controlled by LICENSEE, any arguments or pos...
Prosecution of Patents. 13.3.1 LONZA will have the sole right and discretion to file, prosecute and maintain patent applications and patents claiming LONZA New IP at LONZA’s expense. CLIENT will cooperate with LONZA to file, prosecute, maintain and enforce patent applications and patents claiming LONZA New IP.
13.3.2 CLIENT will have the sole right and discretion to file, prosecute and maintain patent applications and patents claiming CLIENT New IP at CLIENT’s expense. LONZA will cooperate with CLIENT to file, prosecute, maintain and enforce patent applications and patents claiming CLIENT New IP.
Prosecution of Patents. (a) Rhizen Patents Other than Joint Patents. Except as otherwise provided in this Section 7.3(a), Rhizen shall have the sole right, authority and obligation to file, prosecute and maintain the Rhizen Patents (other than Joint Patents which shall be prosecuted and maintained in accordance with Section 7.3(b)) in the Territory and on a worldwide basis. Rhizen shall provide TGTX reasonable opportunity to review and comment on such prosecution efforts regarding such Rhizen Patents in the Territory. Rhizen shall provide TGTX with a copy of material communications from any patent authority in the Territory regarding such Rhizen Patents, and shall provide TGTX with drafts of any material filings or responses to be made to such patent authorities a reasonable amount of time in advance of submitting such filings or responses. Notwithstanding the foregoing, if Rhizen desires to abandon or not maintain any Patent within such Rhizen Patents in the Territory, then Rhizen shall provide TGTX with thirty (30) days prior written notice of such desire (or such longer period of time as reasonably necessary to allow TGTX to assume such responsibilities) and, if TGTX so requests, shall provide TGTX with the opportunity to prosecute and maintain such Patent in the Territory in place of Rhizen. If TGTX desires Rhizen to file, in the Territory, a patent application that claims priority from a Patent within the Rhizen Patents, other than a Joint Patent, in the Territory, TGTX shall provide written notice to Rhizen requesting that Rhizen file such patent application in the Territory. If TGTX provides such written notice to Rhizen, Rhizen shall either (i) file and prosecute such patent application and maintain any patent issuing thereon in the Territory or (ii) notify TGTX that Rhizen does not desire to file such patent application and provide TGTX with the opportunity to file and prosecute such patent application and maintain any patent issuing thereon in the Territory in place of Rhizen
Prosecution of Patents. EPRO shall be solely responsible for preparing, prosecuting and maintaining the Licensed Patents, including payment of all necessary filing and maintenance fees.
(a) Each Party shall cooperate with the other Party to execute all required papers and instruments and to make all required oaths and declarations as may be necessary in the preparation and prosecution of all such patents and other applications and protections referred to in this Article.
(b) In the event that EPRO wishes to abandon any patent within the Licensed Patents, EPRO will offer to assign to Spectrum, free of charge, any such patent prior to effectuating the abandonment. Spectrum shall bear the costs connected with any assignment, and recordation thereof, hereunder.
Prosecution of Patents. BIT agrees to assist the Client in the Client’s endeavors to obtain one or more patents (including any extensions or continuations thereon) pursuant to this Section 12.4, at the Client’s expense (including payment of BIT’s standard professional services fees set forth in Schedule 1 and as of the time such assistance is provided), in ways reasonably necessary to secure the Client’s rights in any Patentable Material in any and all applicable countries. Such assistance shall include, without limitation, the timely disclosure to the Client of all pertinent information and data with respect to all pertinent concepts, Inventions, Patentable Material and the execution of all applications, specifications, oaths, assignments and other instruments reasonably necessary in order to apply for a patent and in order to assign and convey from BIT to the Client the right, title and interest in and to all such Patentable Material. BIT’s assistance under this Section 11.4 shall extend to its employees and contractors as applicable.
Prosecution of Patents. 13.4.1 CBSW will have the sole right and discretion to file, prosecute and maintain patent applications and patents claiming CBSW Inventions at CBSW's expense. Client will cooperate with CBSW to file, prosecute and maintain patent applications and patents claiming CBSW Inventions.
13.4.2 Client will have the sole right and discretion to file, prosecute and maintain patent applications and patents claiming Client Inventions at Client's expense. CBSW will cooperate with Client to file, prosecute and maintain patent applications and patents claiming Client Inventions.