Program Patent Rights. Abbott shall solely own and shall, at its expense, be solely responsible for the preparation, filing, Prosecution and maintenance of Program Patent Rights. Neurocrine agrees that it will, and will cause its Affiliates to, (i) execute and file those notices and other filings as Abbott shall request be made, from time to time, with the United States Patent and Trademark Office (or any successor agency) or any analogous patent office in the Territory with respect to the rights granted under this Agreement, and (ii) execute and deliver to Abbott all assignments and other instruments as Abbott shall request to effect the ownership, filing, Prosecution and maintenance of Program Patent Rights. Abbott will keep Neurocrine reasonably informed of the status of the Program Patent Rights and will provide Neurocrine with copies of all substantive documentation submitted to, or received from, the patent offices in connection therewith. With respect to any substantive submissions that Abbott is required to or otherwise intends to submit to a patent office, Abbott shall provide a draft of such submission to Neurocrine at least […***…] days prior to the deadline or intended filing date, whichever is earlier, for submission of such documentation. Neurocrine shall have the right to review and comment upon any such submission by Abbott to a patent office, and will provide such comments, if any, no later than […***…] days prior to the applicable deadline or intended filing date provided that Abbott shall not be obligated to incorporate comments provided by Neurocrine. Abbott shall have the right to cease the Prosecution and/or maintenance of, or not to pursue, or cease to pay the expenses of Prosecution or maintenance of, any Program Patent Right in any country in which such Program Patent Right has been filed. In all cases, Abbott shall have final decision-making authority with respect to the filing, Prosecution, and maintenance of Program Patent Rights.
Program Patent Rights. Unless the Parties otherwise agree, Audentes shall be responsible (the “Patent Prosecutor”) for managing Program Patent Rights that are specific to the Product, and Genethon shall be the Patent Prosecutor for Program Patent Rights that are not specific to the Product, including for example Program Patent Rights related to manufacturing methods or materials that may be used for products other than the Product. The Patent Prosecutor shall be solely responsible, at its expense, for (i) preparing, filing, prosecuting and maintaining Program Patent Rights, and (ii) for conducting any interferences, re-examinations, reissues and oppositions relating thereto. The Patent Prosecutor may elect, at its sole discretion, to discontinue prosecution of any such patent applications and/or not to file or conduct any further activities with respect to such patent applications or patents; provided, in each case, that it provide timely notice of such decision to the other Party such that such other Party has the opportunity to replace the discontinuing Party as Patent Prosecutor and pursue at its cost and in the name of both Parties the prosecution and maintenance of the relevant patent applications or patents. The Patent Prosecutor shall keep the other Party reasonably informed with respect to the prosecution status and issuance of patents filed by the Patent Prosecutor pursuant to this Section 8.2.1, and shall provide the other Party with all material filings and correspondences with the patent authorities prior to the submission and shall reasonably consider any comments provided by the other Party on such filings and correspondences.
Program Patent Rights. (a) IRC, at its sole cost, shall be responsible for and shall have the sole right to control the preparation, filing, prosecution, and maintenance of all Program Patent Rights which claim Program Inventions which have utility in the Field.
Program Patent Rights. […***…] the Program Patent Rights. […***…] for the filing, prosecution, and maintenance of Program Patent Rights. Neurocrine agrees that it will, and will cause its Affiliates to, (i) execute and file those notices and other filings as BI shall request be made, from time to time, with the United States Patent and Trademark Office (or any successor agency) or any analogous patent office in the Territory with respect to the rights granted under this Agreement, and (ii) execute and deliver to BI all assignments and other instruments as BI shall request to effect the filing, prosecution and maintenance of Program Patent Rights. BI will keep Neurocrine reasonably informed of the status of the Program Patent Rights and will provide Neurocrine with copies of all substantive documentation submitted to, or received from, the patent offices in connection therewith. In all cases, […***…] with respect to the filing, prosecution, and maintenance of Program Patent Rights. Neurocrine agrees […***…] to cooperate with BI to execute assignment documents and other documents and to take any other action reasonably requested by BI to effectuate the intent of this Section 10.1(b).
Program Patent Rights. (i) Pfizer shall have the first right but not the obligation to file, prosecute and maintain all Program Patent Rights, except as provided in Section 9.2(c)(ii) below. If Pfizer files, prosecutes and maintains any Program Patent Rights, then Pfizer shall be responsible for all costs associated with such filings, prosecutions, and maintenance. Pfizer, its agents and attorneys shall give Incyte at least thirty (30) days to comment on the filings and prosecution of such Program Patent Rights and shall give due consideration to all Incyte comments, but Pfizer’s decisions with respect to such filings and prosecutions shall be final. No later than thirty (30) days prior to the applicable Xxxxx Convention date or PCT nationalization date, as the case may be, for a given Program Patent Right, Pfizer shall provide Incyte with a list of the countries in which Pfizer has decided to file or prosecute such Program Patent Right. Incyte agrees that, so long as Pfizer has acted in good faith in connection with the filing, prosecution and maintenance of the Program Patent Rights that it has chosen, in its sole discretion, to file, prosecute and maintain, neither Pfizer nor any of its Representatives shall be liable for any act or omission with respect to any such Program Patent Rights or the filing, prosecution or maintenance thereof. If Pfizer has decided not to file or prosecute a patent application containing a Program Patent Right, then the provisions of Section 9.2(e) shall apply with respect to such patent application.
Program Patent Rights execute and deliver to Incyte such documents, agreements and instruments of assignment and transfer as Incyte reasonably requests in order to establish joint ownership of all rights, title, and interest in and to Incyte Program Patent Rights and Program Patent Rights.
Program Patent Rights. BD, Newco and TriPath each acknowledge that (i) all Newco Program Patent Rights fall under the definition of Becton Dicxxxxxx Xxogram Patent Rights, and as such are subject to the rights and obligations of the BD/MPI Collaboration Agreement, and (ii) all Newco/MPI Joint Patent Rights fall under the definition of Joint Program Patent Rights, and as such are subject to the rights and obligations of the BD/MPI Collaboration Agreement. All rights and obligations that BD may have with regard to such Newco Program Patent Rights and Newco/MPI Joint Program Patent Rights under the BD/MPI Collaboration Agreement, including without limitation, any rights and obligations relating to Section 15 of the Third Amendment, shall be undertaken by BD in accordance with written instructions from Newco consistent with MPI's rights under the BD/MPI Collaboration Agreement.
Program Patent Rights. If a third party at any time asserts a claim that any Program Patent Right is invalid or otherwise unenforceable, whether as a defense in an infringement action or in an action brought against a Party, the Parties shall address such claim in accordance with Section 5.6(d) of the BD/MPI Collaboration Agreement, provided that, if (i) BD is the Party responsible for responding to such claim as either the Responsible Party or the other Party, and (ii) the Program Patent Right is a Newco Program Patent Right or a TriPath Program Patent Right, then Newco may instruct BD to act as such Party responsible for responding to the claim, and BD's activities in responding to such claim under Section 5.6(d) of the BD/MPI Collaboration Agreement shall be in accordance with written instructions from Newco.
Program Patent Rights. Whenever reasonably practicable without being contrary to the best interests of the Development and Commercialization of the Lead Compound or Licensed Products that are comprised of or contain the Lead Compound on a global basis, Targacept and AstraZeneca shall take such actions as are necessary with respect to Patent Rights that claim or cover any Program Invention so as to separate into discrete patent application(s) (i) claims that solely claim the composition of matter, a method of use or Manufacture of or a pharmaceutical preparation containing or comprising (including the pharmaceutical composition of), or solely cover the research, development, Manufacture, use, import, offer to sell or sale of, one or more Compounds or Licensed Products and (ii) claims other than as specified in the foregoing clause (i).
Program Patent Rights. GSK shall, during the term of the Agreement, [***], prepare, file, prosecute, and maintain in countries selected by GSK, Program Patent Rights.
