Company Patent Rights. The Company will be responsible, at its sole cost and expense, for the preparation, filing and prosecution, maintenance and defense of the Company Patent Rights in the Territory. The Company will keep Nestlé advised on the status of preparation, filing, prosecution, maintenance and defense of all patent applications included within Company Patent Rights and the maintenance of any issued patents within Company Patent Rights. Further, the Company will consult and reasonably cooperate with Nestlé with respect to the preparation, filing, prosecution, maintenance and defense of all Company Patent Rights, including: (a) allowing Nestlé a reasonable opportunity and reasonable time to review and comment regarding relevant material communications and drafts of any material responses or proposed filings by Nestlé before any applicable filings are submitted to any relevant patent office or Government Authority and (b) reflecting any reasonable comments offered by Nestlé in any final filings submitted by the Company to any relevant patent office or Government Authority.
Company Patent Rights. [Drafting note – Annex 1A to include those patents identified in schedule 1 of the CTOA and any applications made during the term of the CTOA relating to the Investigational Medicinal Product and its use (e.g. formulation, manufacturing, etc.)] PATENT/ APPLICATION NUMBER TITLE TERRITORY FILING DATE ANNEX 1B COMPANY COMBINATION PATENT RIGHTS PATENT/ APPLICATION NUMBER TITLE TERRITORY FILING DATE ANNEX 2 COMPANY KNOW-HOW ANNEX 3 COMPANY MATERIALS Schedule 6 Protocol (copy of protocol to be inserted here) [***] = Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted information. Schedule 7 Company Materials (insert list of materials to be provided by the Company to the Charity) [***]; purified huATN-658 reference material. Schedule 7 - Part 2 Company GMP Materials (insert list of GMP materials to be provided by the Company to the Charity) [***]. Schedule 8 Back-Up Antibodies The [***] known as [***], each of which is owned by the Company but, as at the Commencement Date, are held by XOMA at its premises. XOMA Licence (copy of XOMA Licence to be inserted here) Schedule 10 Progress Reports Schedule 11 Clinical Protocol Summary (To be added to this Agreement within 3 months of signing) Schedule 12 Escrow Agreement ESCROW AGREEMENT THIS AGREEMENT is made the ________ day of ________ 2015 (the “Effective Date”) AMONG: CANCER RESEARCH UK a company limited by guarantee registered under number 4325234 and a charity registered under number 1089464 of Angel Building, 400 Xx. Xxxx Xxxxxx, London, EC1V 4AD, England (the “Charity”); CANCER RESEARCH TECHNOLOGY LIMITED a company registered in England and Wales with number 1626049 and registered office at Angel Building, 400 Xx. Xxxx Xxxxxx, London, EC1V 4AD, England (“CRT”); MONOPAR THERAPEUTICS LLC, a limited liability company registered in/incorporated in/ established under the laws of The State of Delaware, U.S.A., with registered office/principal place of business at 500 Xxxxxxxxxxx Xxxx, Xxxx Xxxxxx, Xxxxxxxx, X.X.X., 00000 (the “Company”); and [NAME], as the escrow agent (the “Escrow Agent”).
Company Patent Rights. (a) MSD shall have the first right to file patent applications claiming Company Information and Inventions; provided that, following MSD’s selection of the final Selected LBP, MSD’s right to file patent applications claiming Company Information and Inventions shall be limited to Company Information and Inventions related to Selected LBPs, Licensed Compounds or Licensed Products or compositions, methods of use, or methods of manufacture thereof (“Company Product Related Inventions”). Company shall promptly disclose to MSD in writing the conception, creation and/or discovery of such Company Information and Inventions to which one or more patent applications may be filed. MSD shall give Company an opportunity to review the text of any patent application before filing, shall consult with Company with respect thereto, and shall supply Company with a copy of the application as filed, together with notice of its filing date and serial number.
Company Patent Rights. The Company will be responsible, at its sole cost and expense, for the preparation, filing and prosecution, maintenance and defense of the Company Patent Rights in the Territory. The Company will keep Nestlé advised on the status of preparation, filing, prosecution, maintenance and defense of all patent applications included within Company Patent Rights and the maintenance of any issued patents within Company [**] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. 134 Patent Rights. Further, the Company will consult and reasonably cooperate with Nestlé with respect to the preparation, filing, prosecution, maintenance and defense of all Company Patent Rights, including: (a) allowing Nestlé a reasonable opportunity and reasonable time to review and comment regarding relevant material communications and drafts of any material responses or proposed filings by Nestlé before any applicable filings are submitted to any relevant patent office or Government Authority and (b) reflecting any reasonable comments offered by Nestlé in any final filings submitted by the Company to any relevant patent office or Government Authority.
Company Patent Rights. (i) The Company shall have the sole right, but not the obligation, at its sole cost and expense, to obtain, prosecute and maintain the Company Collaboration Patent Rights. CONFIDENTIAL TREATMENT REQUESTED. INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND MARKED WITH “[***]”. AN UNREDACTED VERSION OF THE DOCUMENT HAS ALSO BEEN FURNISHED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION AS REQUIRED BY RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
Company Patent Rights. (a) Company, or, as applicable, Company’s licensors, shall be solely responsible for the preparation, filing, prosecution and maintenance of any patent or patent application claiming Company Background IP and during the term of this Agreement, shall keep Merck reasonably informed regarding the filing and prosecution of any such patent applications filed by Company during the Research Program Term(s).
Company Patent Rights. “Company Patent Rights” shall mean (a) the patents and patent applications listed in Exhibit C; (b) any issued patent or patent application that claims priority to and/or is a divisional, continuation, reissue, renewal, reexamination, substitution or extension of any patent application identified in (a); (c) any patents issuing on any patent application identified in (a) or (b), including any reissues, renewals, reexaminations, substitutions or extensions thereof; (d) any and all claims of a continuation-in-part application that claim priority to the United States patent applications listed in Exhibit C, but only where such claims are directed to inventions disclosed in the manner provided in the first paragraph of 35 U.S.C. Section 112 in the United States patent applications listed in Exhibit C, and such claims in any patents issuing from such continuation-in-part applications; and (e) any foreign counterpart (including PCTs) of any issued patent or patent application identified in (a), (b) , (c) or (d).
Company Patent Rights. COMPANY, at COMPANY’s expense, shall have the sole right to control the preparation, filing, prosecution and maintenance of COMPANY Patent Rights using patent counsel of COMPANY’s choice. All communications between the Parties relating to the preparation, filing, prosecution or maintenance of COMPANY Patent Rights shall be the Confidential Information of COMPANY subject to Article 10, and subject to co-operation in accordance with Section 8.3.4.2. GCAR must promptly and fully inform COMPANY of any infringement or threatened infringement of the COMPANY Patent Rights which comes to the attention of GCAR.
Company Patent Rights. (a) Company shall solely control the preparation, filing and maintenance of the Company Patent Rights on a global basis. Company shall not amend, modify or otherwise prosecute the Company Patent Rights in a manner that broadens or expands the claims in the Company Patent Rights beyond the claims that relate solely to the Delivered Microbes (including the nucleotide sequence or bacterial strain thereof).
Company Patent Rights. The term “
