Common use of Work Results Clause in Contracts

Work Results. Either Partner shall own the Work Results arising on its side. Either Partner shall make provisions for being entitled to dispose of its Work Results. The Partner shall inform each other of their patent applications without delay. The Partners shall jointly seek patent protection for Joint Inventions and shall each come to a separate agreement concerning the joint invention, considering the respective national provisions of the partners on intellectual property rights. The Partners shall form a community of part owners (Bruchteilsgemeinschaft). Each Partner is free to dispose of its share. The disposal of the joint patent in full requires consent of all part owners. The costs shall be borne by the Partners according to their shares in Inventions unless agreed otherwise. The same principle applies to revenues gained by the commercial use of joint inventions. If a Partner wishes to sell its share to a third partner, it shall make an offer for sale under the same conditions to the other Partners first. The Partners may accept the offer and demand the transfer of the share within three months. In case more than two of the Partners hold the joint patent and are interested in the acquisition of the share, the share is to be offered to them in equal parts unless agreed otherwise. Inasmuch as either Partner is not interested in a protective right, it shall offer its rights to the other Partners for transfer, inasmuch as it is legally and actually able to do so. The transfer of rights shall be provided for in a separate agreement. Such offer is to be made early enough to enable the other Partners to take any action required for safeguarding such rights within given statutory periods, especially within the 12-month period to be observed for patent applications claiming priorities. If more than two Partners hold the joint patent, the share is to be offered to each Partner in equal parts. The rejection of an offer of transfer is deemed to constitute consent with the abandonment of the patent.