Solely Owned Inventions Clause Samples

Solely Owned Inventions. Each Party, in its sole discretion and at its sole expense, has the right (but not the obligation) to Prosecute and Maintain any Patents for Collaboration Inventions that such Party solely owns, including the right to use Study Data and Sample Data in such Prosecution and Maintenance.

Solely Owned Inventions. Each Party shall exclusively own all right, title and interest in and to all inventions made or conceived solely by the employees, agents, consultants or contractors of such Party or its Affiliates in the course of performing its activities under this Agreement.

Solely Owned Inventions. Subject to 14.4.3 below, in the event that any Background Technology or Collaboration Technology solely owned by a Party (collectively "Technology") necessary for manufacture, use and sale of a Collaboration Product is infringed or misappropriated by a third Party in any country in the Territory, or is subject to a declaratory judgment action arising from such infringement in such country, Warner or GenVec, as the case may be, shall promptly notify the other Party hereto. The Party which owns or Controls such Technology (the "Technology Owner") shall have the initial right (but not the obligation) to enforce such Technology, or defend any declaratory judgment action with respect thereto, at its expense. In the event that the Technology Owner fails to initiate a suit to enforce such Technology against a commercially significant infringement in the Field by a Third Party in any jurisdiction in the Territory within * of a request by the other Party (the "Licensee") to do so, the Licensee may, subject to the Technology Owner's agreements with Third Parties, initiate such suit in the name of the Technology Owner of such Technology against such infringement, at the expense of such Licensee. In the event that the Technology Owner's agreements with a Third Party do not allow the other Party hereto to initiate a suit as described above to enforce the Technology against a Third Party infringer, then the Technology Owner shall be obligated to commence such a suit and use diligent efforts in connection therewith or obtain for the Licensee the right to commence suit against the infringer. The Party involved in any such claim, suit or proceeding, shall keep the other Party hereto reasonably informed of the progress of any such claim, suit or proceeding. Any recovery by such Party received as a result of any such claim, suit or proceeding shall be used first to reimburse such Party for all expenses (including attorneys and professional fees) incurred in connection with such claim, suit or proceeding and if the Party initiating the suit is the Technology Owner of the subject Technology, all of the remainder shall be retained by such Technology Owner, and if the Party initiating the suit is the Licensee, * of the remainder shall be paid to the Technology Owner of the subject Technology and * retained by the Licensee.

Solely Owned Inventions. Coherus shall have sole discretion and responsibility to prepare, file, prosecute, and maintain any and all Patents and Patent Applications within the Coherus Patent Rights. Licensee shall have sole discretion and responsibility to prepare, file, prosecute, and maintain any and all Patents and Patent Applications within the Licensee Patent Rights. At least sixty (60) days prior to the contemplated filing date of any Patent Application in the Territory claiming a Party’s solely-owned Invention, such Party [***], [***], and [***], and shall [***] with respect to such Patent Application. Licensee shall [***] pursuant to this Section 8.4(a) for Patents and Patent Applications within the Licensee Patent Rights, and Coherus shall [***] pursuant to this Section 8.4(a) for Patents and Patent Applications within the Coherus Patent Rights.

Solely Owned Inventions. Subject to the terms of the Invention Classification Agreement executed by the Parties concurrently with this Agreement, BMX shall be responsible for the filing, prosecution and maintenance of all patents claiming BMX Technology and all patent applications and patents covering any BMX Derivative Inventions at BMX's sole expense. Subject to the terms of the Invention Classification Agreement executed by the Parties concurrently with this Agreement, GP shall be responsible for the filing, prosecution and maintenance of all patents claiming GP Technology and all patent applications and patents covering any GP Derivative Inventions at GP's sole expense. The inventing Party shall keep the other Party informed of progress with regard to the filing, prosecution, maintenance, enforcement and defense of patents applications and patents claiming any Derivative Invention. No Party shall include any Confidential Information of the other Party in any patent application without the express written consent of the other Party.

Solely Owned Inventions. Subject to Section 4.4(e), any party that solely owns any patentable Invention shall have the right, at its option and expense, to prepare, file and prosecute any patent applications with respect to such Invention and to maintain any patents issued thereon.

Solely Owned Inventions. (i) As between Durect and Zogenix, Zogenix shall have the exclusive right to and may prepare, prosecute and maintain any or all Zogenix Technology Patents and Zogenix solely invented Other Project Technology (including their issuance, reissuance, reexamination and the defense of any interference, revocation or opposition proceedings) at [***]. (ii) As between Durect and Zogenix, Durect shall have the exclusive right to and may prepare, prosecute and maintain any or all Durect solely invented Other Project Technology (including their issuance, reissuance, reexamination and the defense of any interference, revocation or opposition proceedings) [***].

Solely Owned Inventions. Each party shall have the right, but not the obligation, at its sole expense, to prepare, file, prosecute and maintain any patent applications, patents, registration of copyrights or other intellectual property rights directed to any Invention owned solely by such party. Notwithstanding the foregoing, in the event that a party has granted the other party an exclusive license under Section 4.2 under patent applications, patents, registration of copyrights or other intellectual property rights directed to an Invention owned solely by such party, such party shall keep the other party reasonably informed of, and consulting with the other party with respect to, all significant actions relating thereto, and permitting the other party to reasonably participate, at its own expense, therein. In the event such party elects not to continue to prosecute or maintain any patent application or patent directed to such Invention, the other party shall have the right to assume such responsibility at its own expense, keeping the first party reasonably informed of, and consulting with such party with respect to, all

Solely Owned Inventions. Each Party is responsible for filing, prosecuting and maintaining patent applications and resulting patents on any invention owned solely by it pursuant to Section 13.1 at their own cost; provided, however, that Avecia shall permit Genta to review and comment on any such patent filings of Avecia (including, without limitation, applications and responses to office actions) prior to submission to the relevant patent offices.