Filing, Prosecution and Maintenance of Licensed Patents. Geron shall use Commercially Reasonable Efforts to file, prosecute and maintain the Licensed Patents. All final decisions with respect to filing, prosecution and maintenance of the Licensed Patents shall be made by Geron.
Filing, Prosecution and Maintenance of Licensed Patents. Subject to the provisions of this Section 11.2 and any written agreements existing as of the Effective Date with respect to the prosecution of the Licensed Patents, Zosano, at its sole discretion and expense, will file, prosecute, maintain and determine the strategy of prosecution of the Licensed Patents. If requested by the JCC, Zosano shall timely provide the JCC with copies of all material correspondence from any Patent Authority regarding Licensed Patents, provided such material correspondence cannot be obtained from a Patent Authority website. Zosano shall provide Lilly with a copy of any proposed filing with any Patent Authority in connection with proceedings before any Patent Authority with Licensed Patents and shall provide to Lilly a reasonable opportunity (at least ten (10) calendar days) to comment on any such proposed filing with respect to such Licensed Patents, which comments Zosano shall consider in good faith. If Zosano elects to discontinue prosecution or maintenance of any Licensed Patent, Zosano shall so advise Lilly in writing at least sixty (60) calendar days in advance of such discontinuance and, if requested by Lilly, shall discuss with Lilly Zosano’s reasons for such discontinuance. If requested by Lilly, at Lilly’s cost, Zosano will or will authorize Lilly to take action to prevent such abandonment of such Licensed Patent, unless Zosano has a material business or legal reason for not taking such action.
Filing, Prosecution and Maintenance of Licensed Patents. During the term of this Agreement, ADOLOR will file, prosecute and maintain the Licensed Patents using patent counsel of its choice, but reasonably acceptable to LILLY. LILLY shall transfer to ADOLOR in a timely manner all documents and other materials in LILLY's possession or control that are reasonably required for ADOLOR to perform said activities.
Filing, Prosecution and Maintenance of Licensed Patents. 11.6.1 Atara shall be responsible, and [[***]] to file, prosecute and maintain the Licensed Patent Rights, through a qualified and recognized patent counsel, at least in the countries listed in Exhibit 11.6.1, and shall [[***]]. Atara shall inform Bayer of any materially relevant communication with patent offices relating to the filing, prosecution or maintenance of such Licensed Patent Rights. Furthermore, Atara shall provide Bayer with copies of any materially relevant documents or correspondence with patent offices or any other documents which may be important for any action to be taken in a timely manner and no less than [[***]] days prior to any relevant deadline, provided such time is available. Bayer shall communicate its comments on the same to Atara on the earlier of: [[***]] days from the date the information was received by Bayer; and no less than [[***]] days before the deadline, or intended deadline, for the action to be taken, provided that such period is available, and Atara shall consider in good faith the comments provided by Bayer.
Filing, Prosecution and Maintenance of Licensed Patents. 4.1.1 Licensee will be responsible for the filing and prosecution of the Licensed Patents, and for the maintenance of the Licensed Patents, through patent counsel of its choice.
Filing, Prosecution and Maintenance of Licensed Patents. (a) Vincera is responsible for the filing, prosecution and maintenance of the Licensed Patents, through an outside patent counsel of its choice, and shall bear all costs thereof, including managing / settling any interference, opposition, re-issue, reexamination, supplemental examination, invalidation proceedings (including inter partes or post-grant review proceedings), revocation, nullification, or cancellation proceeding relating to the foregoing, and listing in regulatory publications or the FDA Orange Book. Vincera shall (a) keep Bayer properly informed as to the filing, prosecution and maintenance of any Licensed Patents, including the status thereof, and provide to Bayer copies of all correspondence to or from any patent office related thereto, (b) provide Bayer with copies of, and reasonable time (if possible no less than [*]) to review and comment upon any documents intended for submission to any patent office, including any divisional, continuation or continuation-in-part patent application of any Licensed Patent, prior to submission; (c) furnish to Bayer copies of documents related to any filing, prosecution and maintenance of such Licensed Patents; (d) provide Bayer with a copy of each patent application or other submission as filed, together with notice of its filing date and serial number; and (e) incorporate reasonable comments of Bayer on documents to be filed with any patent office that would affect Bayer’s rights in such Licensed Patents hereunder unless such comments would adversely affect Vincera’s rights hereunder. Bayer shall bear its own legal costs.
Filing, Prosecution and Maintenance of Licensed Patents. During the Term, Lilly will file, prosecute and maintain the Licensed Patents using patent counsel of its choice, but reasonably acceptable to Adolor (Adolor’s consent not to be unreasonably withheld or delayed); provided, however, that upon an OpRA II Termination Event and thereafter during the Term: (i) Adolor will file, prosecute and maintain the Licensed Patents using patent counsel of its choice, but reasonably acceptable to Lilly (Lilly’s consent not to be unreasonably withheld or delayed), and (ii) Lilly shall transfer to Adolor in a timely manner all documents and other materials in Lilly’s possession or control that are reasonably required for Adolor to perform said activities.
Filing, Prosecution and Maintenance of Licensed Patents. 4.1 LICENSEE shall be responsible for the preparation, filing, prosecution and maintenance of all patent applications and patents included in LICENSED PATENTS , and for payment of all reasonable costs ("Costs") incurred for the preparation, filing, prosecution and maintenance of all LICENSED PATENTS .
Filing, Prosecution and Maintenance of Licensed Patents. 7.1.1 In accordance with this Section 7.1.1, unless the Parties otherwise agree in writing and for so long as Calithera retains exclusive rights hereunder, Calithera will have lead responsibility for, and Symbioscience shall cooperate fully, with respect to, the preparation, filing, prosecution, enforcement and maintenance in the Territory of the Licensed Patents identified on Exhibit A. Calithera shall be responsible for all costs and expenses (including reasonable out-of-pocket costs incurred by Symbioscience in performing any related activities at the prior written request of Calithera) with respect to such activities. Calithera will perform such activities through patent counsel of its choice but reasonably acceptable to Symbioscience. Calithera will provide Symbioscience with copies of all official correspondence received from patent offices, and with any proposed substantive responses thereto sufficiently in advance for Calithera to provide comments and suggestions on such proposed responses. Calithera will provide Symbioscience with an update of the filing, prosecution and maintenance status for each Licensed Patent on a periodic basis. In the event that Calithera elects not to pursue or continue the filing, prosecution or maintenance of any Licensed Patent in any country, Calithera shall provide Symbioscience with notice of this decision at least thirty (30) days prior to any pending lapse or abandonment thereof and provide Symbioscience with an opportunity to assume responsibility for such filing, prosecution or maintenance. In the event that Symbioscience elects in writing to assume responsibility for such filing, prosecution and maintenance, Symbioscience shall have the right to transfer the responsibility for such filing, prosecution and maintenance of such patent applications and patents to patent counsel (outside or internal) selected by it, and Calithera shall cooperate with Symbioscience as reasonably requested to facilitate transfer of the control of such filing, prosecution and maintenance. For clarity, all filings with respect to Licensed Patents shall at all times continue to be pursued in the name of Symbioscience or its designee. In the event that Symbioscience assumes responsibility for any such Licensed Patent as provided above, [*] and [*] of [*] with respect to such filing, prosecution and maintenance [*], and [*].
Filing, Prosecution and Maintenance of Licensed Patents. 13.4.1 Loxo shall be responsible for the filing, prosecution and maintenance of the Licensed Patent Rights, either by itself or through an outside patent counsel of its choice. For Licensed Patent Rights existing as of the Effective Date, such Licensed Patent Rights shall be filed, prosecuted and maintained in the countries listed in Schedule 1.97; for new Licensed Patent Rights (that is, Licensed Patent Rights not existing as of the Effective Date), such Licensed Patent Rights shall be filed, prosecuted and maintained in the countries listed in Schedule 13.4.1. Any deviation with respect to the scope of countries in which a Licensed Patent Right will be filed, prosecuted and maintained shall require Bayer’s prior written consent. Loxo shall inform Bayer of any materially relevant communication with patent offices relating to the filing, prosecution or maintenance of the Licensed Patent Rights. Furthermore, Loxo shall provide Bayer with copies of any materially relevant documents or correspondence with patent offices or any other documents which may be important for any action to be taken in a timely manner and no less than thirty (30) days prior to any relevant deadline, provided such time is available. Bayer shall communicate its comments on the same to Loxo on the earlier of: twenty (20) days from the date the information was received by Bayer; and no less than ten (10) days before the deadline, or intended deadline, for the action to be taken, provided that such period is available, and Loxo shall consider in good faith the comments provided by Bayer.
