Joint Improvements. Rights and title to the Technology, whether or not patentable, and any patent applications or patents based thereon, which directly relate to and are not severable from Licensor IP and which are improvements thereto by both LICENSOR AND LICENSEE shall be jointly owned intellectual property by LICENSOR AND LICENSEE.
Joint Improvements. Any discoveries, improvements, inventions, and/or proprietary technology arising from the development of the API, the Product, any Additional Product or Other Product invented jointly by RELIANT, any of RELIANT’s subsidiaries, sublicensees or agents, and PRONOVA or any of PRONOVA’s subsidiaries, licensees or agents, including but not limited to any modifications such as new formulations or dosage forms, whether patentable or not (collectively, the “Joint Improvements” and, together with RELIANT Improvements and PRONOVA Improvements, referred to herein as the “Improvements”) shall be jointly owned by RELIANT and PRONOVA and each Party shall have the right to use and exploit such Joint Improvements without the other Party’s consent or any duty to account to the other Party for such use or exploitation. With regard to Joint Improvements, each Party may publish information regarding technical developments and/or research findings made jointly by both of the Parties. With respect to such publications, each Party agrees to submit a copy of any proposed publication to the other Party at least thirty (30) days prior to submission for publication in order to allow the other Party to determine whether any subject matter to be published warrants patent protection. In such case, the other Party will identify such subject matter requiring protection and notify the publishing Party thereof. The publishing Party hereby agrees to delay publication of such subject matter for a period of time mutually agreeable to the parties (but in no case for less than thirty (30) days after any notification of the other Party’s desire for patent protection) in order to permit the Parties, whether solely or jointly, to file U.S. and/or foreign patent applications prior to the publication date that would prevent the Parties from obtaining valid patent rights in the relevant subject matter.
Joint Improvements. Any Improvement which is jointly created or conceived by the Parties pursuant to this Agreement shall:
Joint Improvements. In the case of Joint Improvements and Non-Severable Joint Improvements, the Parties shall decide whether or not to secure patent protection and which Party shall bear the primary responsibility for preparing, filing and prosecuting the Patent applications resulting there from. Patent-related expenses for Joint Improvements and Non-Severable Joint Improvements are **. If the Parties cannot agree which Party shall bear the primary responsibility for preparing, filing, and prosecuting Patent Applications resulting from a Joint Invention or a Non-Severable Joint Improvement, then counsel mutually agreeable to the Parties shall prepare, file and prosecute the patent applications and the Parties shall ** related thereto. Each Party shall promptly render all necessary assistance reasonably requested by the other Party in applying for and prosecuting the patent applications. Neither Party shall file any patent application on Joint Improvements or a Non-Severable Joint Improvement which shall lead to the disclosure of the other Party’s Confidential Information, unless the other Party has first agreed in writing to the filing. If a Party responsible for the prosecution or maintenance of a patent or patent application directed to a Joint Improvement or a Non-Severable Joint Improvement elects not to continue prosecution or maintenance of such patent or patent application, the Party will give the other Party notice of such election within a reasonable period prior to allowing such patent or patent application to lapse or become unenforceable, and the other Party will have the right to continue prosecution or maintenance of such patent or patent application; and if ** decides not to file a patent application for a Non-Severable Joint Improvement, ** shall be permitted to do so. If a Party (the “Relinquishing Party”) declines to pay its share of patent-related expenses for any patent application or patent directed to a Joint Improvement or a Non-Severable Joint Improvement, the other Party may assume payment of the Relinquishing Party’s share of the patent-related expenses, and the Relinquishing Party will assign title to such patent application or patent to Party assuming payment.
Joint Improvements. Each of Neose and Novo shall own a one-half undivided interest in any and all Joint Improvements. Neither Party shall be permitted to license or sublicense its one-half undivided interest in any Joint Improvement(s) to a Third Party that is not its Affiliate for use in connection with any blood factor products VII, VIII or IX, except with the prior written approval of the other Party.
Joint Improvements. Any new intellectual property generated by KI PHARMA shall be jointly owned by BIONUMERIK and GRELAN on an equal basis. Each of BIONUMERIK and GRELAN hereby agrees to license its interest in such intellectual property in the manner provided in Sections 11.1 and 11.2.
Joint Improvements. Any new intellectual property jointly conceived or reduced to practice by ASTA Medica and BioNumerik ("Joint Improvements") shall be jointly owned by ASTA Medica and BioNumerik on an equal basis, and all costs to file, prosecute, and maintain patent applications, patents, and/or other applicable intellectual property protection regarding Joint Improvements shall be shared equally by BioNumerik and ASTA Medica Each of BioNumerik and ASTA Medica hereby agrees to license its interest in such intellectual property in the manner provided in Sections 11.1 and 11.2.
Joint Improvements. To the extent that employees of O2Diesel or its Affiliates together with employees of Distributor or its Affiliates jointly invent or discover any improvements to the O2Diesel Additive, O2Diesel Product or to any other invention, discovery, know-how or technology, the Parties shall jointly own the same, and each Party shall be free to exploit or authorize the exploitation of the same without the consent of or accounting to the other Party, subject to any other relevant intellectual property rights of the other Party. If a Party becomes aware of any such joint invention, discovery, know-how or technology, it shall verify that the other Party is aware of the same and the parties shall consult and cooperate with respect to the protection of the same.
Joint Improvements. 25 11.4 Sublicenses.................................................................................. 25 12.CONFIDENTIALITY ...................................................................................... 26 12.1
Joint Improvements. Any improvement that is made through the joint inventive efforts of Tessera and Licensee shall be deemed a "Joint Improvement" hereunder and shall be the joint property of both Tessera and Licensee, and both Tessera and Licensee shall have a fully-paid, non-assessable, transferable, perpetual, sub-licensable right and license to use such Joint Improvements, but such right and license shall not include any right of license by implication with respect to any part of the Tessera Patents. Licensee and Tessera shall reasonably consult with one another with respect to applying for and maintaining jointly owned patents with respect to such Joint Improvements at shared expense. In the event that one party hereto (the "Notifying Party") notifies the other party that the Notifying Party wishes to apply for or maintain a patent in any country for any such Joint Improvement and the other party hereto does not confirm to the Notifying Party, within thirty (30) days thereafter, that such other party will join in such patent application and share the cost thereof, the Notifying Party shall have a right, at its own expense, to apply for or maintain such patent in its own name, in which case such patent shall be the sole property of the Notifying Party, and the Joint Invention in the country covered by such patent shall be treated as an improvement made solely by the Notifying Party, and shall be subject to the provisions of this Agreement covering such party improvements. The parties hereto shall execute such documents and render such assistance as may be appropriate to enable the party properly having title to such improvements to maintain or obtain patents for the same.
