Filing of Patents. PROSECUTION OF INFRINGERS
Filing of Patents. Each party will be responsible for the filing and prosecution at its own expense, in such countries as the responsible party shall select, of patents on Technology solely owned by such party; PROVIDED THAT the other party will have the opportunity to provide substantive review and comment on any such prosecution solely as it relates to claims relating to the development, manufacture or use of NuCleave-TM- Kits for use in the Pharmaceutical Development Field. Portions of any documents relating to any such prosecution not related to such claims may be redacted by a party prior to provision to the other party. Each party shall also promptly give notice to the other of the initiation of any interference, opposition, reissue, re-examination or revocation proceeding and the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential treatment under Rule 406 of the Securities Act. Rights relevant to this Agreement for which it has responsibility.
Filing of Patents. In consultation with the Patent Coordinators, the JSC will coordinate the determination of what patents will be filed on Technology developed under the R & D Program. Each party will be responsible for the filing and prosecution (including the defense of interferences and similar proceedings) of any such patents for which it is the sole inventor, provided that the other party will have the opportunity to provide substantive review and comment on any such filing and prosecution. Responsibility for filing and prosecution of patents (including the defense of interferences and similar proceedings) on Joint Technology will be agreed upon by the parties on a case-by-case basis and handled by mutually acceptable outside patent counsel charged with the duty to act in the best interests of both parties. Each party shall also promptly give notice to the other of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights for which it has responsibility. If at any time, either party wishes to discontinue the prosecution of any such patent(s) owned solely by it, such party shall promptly give notice of such intention to the other party. The party receiving such notice shall have the right, but not the obligation, to assume responsibility for the prosecution of any such patent(s) by giving notice to the party wishing to discontinue such prosecution of such intention within thirty (30) days and such patents shall thereafter be exclusively licensed to the party assuming the responsibility for prosecution or maintenance of the Patent Right under this Agreement, in accordance with the license grant of Section 8 hereof.
Filing of Patents. In consultation with the Scientific Committee, SCRIPTGEN will determine what patents will be filed on SCRIPTGEN Owned Technology and HMR will determine what patents will be filed on HMR Owned Technology. Each Party will be responsible for the prosecution (including the defense of interferences and similar proceedings) of patent protection for its owned Technology, provided that the other Party will have the opportunity to provide substantive review and comment on any such prosecution. Responsibility for prosecution of patent protection (including the defense of interferences and similar proceedings) on Joint Technology will be determined by the Committees as provided in Section 2.2.1.
Filing of Patents. In consultation with the Patent Coordinators, the JSC will coordinate the determination of what patents will be filed on Technology developed under the R & D Program and make a recommendation to WYETH-AYERST. WYETH-AYERST will then determine the countries in which such patent applications will be filed and shall be responsible for the filing, prosecution, and maintenance (including the defense of interferences and similar proceedings) of such patent applications, provided that SIGA shall have the opportunity to provide substantive review and comment on any such prosecution. If WYETH-AYERST decides not to file a patent application on any such Technology in any country, it shall promptly notify SIGA of such decision at least 90 days prior to the applicable bar date for such patent application. In such event SIGA shall have the right to file a patent application, and WYETH-AYERST shall not have any rights in or to such patent application or any resulting patent in any such country. Responsibility for filing, prosecution, and maintenance of patents (including the defense of interferences and similar proceedings) on Joint Technology will be agreed upon by the parties on a case-by-case basis and handled by mutually acceptable outside patent counsel charged with the duty to act in the best interests of both parties. WYETH-AYERST will bear the costs of the filing, prosecution and maintenance of all patents filed pursuant to this Agreement, unless such patent application is filed by SIGA, in which case the prosecution and maintenance will be at SIGA's expense. The parties shall cooperate with each other in gaining patent term restoration or similar extensions or continuations of rights under Patent Rights. Each party shall also promptly give notice to the other of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights for which it has responsibility. If at any time, either party wishes to discontinue the prosecution or maintenance of any Patent Rights for which it has responsibility, such party shall promptly give notice of such intention to the other party. The party receiving such notice shall have the right, but not the obligation, to assume responsibility for the prosecution or continued maintenance of any such Patent Right by giving return notice to the party wishing to discontinue same within thirty (30) days.
Filing of Patents. If MAXYGEN decides that the Project Technology or any part of it will be included in any patent application or other application for registered Intellectual Property Rights protection, the application will be made by MAXYGEN in its own name and at its cost. TRPL will, at MAXYGEN's cost, render such assistance as MAXYGEN reasonably requires in the preparation, filing and prosecution of the patent.
Filing of Patents. Provided that the Parties have agreed separately in writing which on Dyadic's behalf must be in writing by its CEO, that findings arising out of the evaluation and Improvement of the Materials by the Recipient (including but not limited lo improvement, useful composition, structural modification or derivative of the Material and particular use of the Material) are owned by Dyadic, Recipient agrees that It will not file any patent directed to or Including any claim covering the Materials, any improvement, useful composition, structural modification or derivative of the Material or any particular use or the Material as contemplated by this Agreement, unless and until either (i) a license agreement is entered Into between the Parties which shall Include provisions under which such a patent may be filed and such other terms and conditions as are typical of such agreements, Including, but not limited to, provisions for exclusivity, ownership of intellectual property, license fees and/or royalties; or (ii) Dyadic's CEO provides his prior written consent If Recipient files a patent application In breach of this Agreement, Recipient hereby agrees that Dyadic shall own all right, title and Interest in and to such patent. Notwithstanding the foregoing, nothing shall prevent or prohibit Dyadic from filing a patent directed to or Including a claim covering the Materials that does not include claims or findings which arose out of the evaluation of the Materials by Recipient.
Filing of Patents. (a) Subject to the provisions of this Section 8.6, the Party owning the Patent Rights shall have the right and the responsibility for patent filing, prosecution and maintenance (including the defense of interferences, oppositions and similar proceedings) (collectively, “Patent Activities”). Such Patent Activities shall be at the discretion and at the sole expense of the applicable owner, using patent counsel of such owner’s choice.
Filing of Patents. Each Party will be responsible for the filing and prosecution, in such countries as the responsible Party shall select, of patents on Technology solely owned or solely invented by such Party and on Joint Technology which principally relates to its own Technology and which is developed during the Development Program, provided that the other Party will have the opportunity to provide substantive review and comment on any such prosecution solely as it relates to claims in the scope of the Development Program. Portions of any documents relating to any such prosecution not within the scope of the Development Program may be redacted by a Party prior to provision to the other Party. Except as set forth above, responsibility for filing and prosecution of patents on Joint Technology not principally related to either VIACELL Technology alone or MILTENYI Technology alone will be determined by the Chief Executive Officers of the Parties or their designee(s) on a case-by-case basis and handled by mutually acceptable patent counsel charged with the duty to act in the best interests of the Development Program.
Filing of Patents. For those patent applications set forth in Schedule 1 which were received by BellSouth's law firms as of April 2, 2001 (the "Law Firm Patents"), BellSouth shall have until December 31, 2001 to file the applications as regular patent applications, foreign patent applications or provisional applications. For those invention disclosures from BellSouth Leaseco employees set forth in Schedule 2 for inventions developed on or before April 2, 2001 (the "Employee Patents", the Law Firm Patents and the Employee Patents are collectively referred to herein as the "Patents"), BellSouth shall have until December 31, 2001 to file patent applications as regular patent applications, foreign patent applications or provisional applications.
