Filing, Prosecution and Maintenance of Patents. Vertex agrees to file, prosecute and maintain in the Territory, upon appropriate consultation with Merck, the Patent Rights licensed to Merck under this Agreement. Merck shall have the first right to file, prosecute and maintain in the Territory Collaboration Patent Rights. With respect to Vertex Information and Inventions, Vertex may elect not to file, prosecute and maintain patent applications directly thereto and if so, Merck shall have the right to file, prosecute and maintain such patent applications. In such event, Vertex shall execute such documents and perform such acts at Vertex's expense as may be reasonably necessary to effect an assignment of such Patent Rights to Merck in a timely manner to allow Merck to continue such preparation and prosecution or maintenance. In each case, the filing Party shall give the non-filing Party an opportunity to review the text of the application before filing, shall consult with the non-filing Party with respect thereto, and shall supply the non-filing Party with a copy of the application as filed, together with notice of its filing date and serial number. Vertex shall keep Merck advised of the status of the actual and prospective patent filings and upon the request of Merck, provide advance copies of any papers related to the filing, prosecution and maintenance of such patent filings. Vertex shall promptly give notice to Merck of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent Rights licensed to Merck for which Vertex is responsible for the filing, prosecution and maintenance. With respect to all filings hereunder, the filing Party shall be responsible for payment of all costs and expenses related to such filings.
Filing, Prosecution and Maintenance of Patents. Licensor agrees to diligently file, prosecute and maintain in the Territory, at Licensor's expense, all Patent Rights owned in whole or in part by Licensor and licensed to SPL under this Agreement, including without limitation, any Patent Rights covering any Improvement(s). SPL shall determine the country(ies) in the Territory with respect to which SPL desires Licensor to perform such activities and will promptly notify Licensor to that effect. All such determinations shall be made by SPL in accordance with its standard practices with respect to the filing, prosecution and maintenance of patents, and Licensor's obligation to file, prosecute and maintain each patent application or patent within the Patent Rights under this Section 4.1 shall be limited to those countries selected by SPL for such patent application or patent. Licensor shall supply SPL with a copy of the applications as filed, together with notice of its filing date and serial number. Licensor shall keep SPL regularly advised of the status of pending patent applications (including, without limitation, the grant of any Patent Rights), and upon the written request of SPL shall provide copies of any substantive papers provided to or received from government patent authorities related to the filing, prosecution and maintenance of such patent filings. SPL shall treat all information, papers, and
Filing, Prosecution and Maintenance of Patents. Each of Transcell and Interneuron agrees to file, prosecute and maintain in the countries in the Territory listed on Schedule 7.1 hereto, or such other countries as the Parties may agree, upon appropriate consultation with Merck, the Transcell Patent Assets and the Interneuron Patent Assets, respectively, licensed to Merck under this Agreement; provided, however, (i) with respect to Transcell/Merck Joint Information and Inventions or Interneuron/Merck Joint Information and Inventions, Merck shall have the first right to file, prosecute and maintain the patent applications and (ii) if Transcell or Interneuron elects not to file a patent application on Transcell Information and Inventions or Interneuron Information and Inventions, Merck shall have the right to file, prosecute and maintain such patent application, and Transcell or The information below marked by * and [ ] has been omitted pursuant to a request for confidential treatment. The omitted portion has been separately filed with the Commission. -------------------------------------------------------------------------------- Interneuron, as the case may be, shall cooperate fully in the filing and prosecution of such patents. In each case, the filing Party shall give the non-filing Parties an opportunity to review the text of the application before filing, shall consult with the non-filing Parties with respect thereto, and shall supply the non-filing Parties with a copy of the application as filed, together with notice of its filing date and serial number. Each Party shall keep the other Parties advised of the status of the actual and prospective patent filings and upon the request of another Party, provide advance copies of any papers related to the filing, prosecution and maintenance of such patent filings. Each Licensor shall promptly give notice to Merck of the grant, lapse, revocation, surrender, invalidation or abandonment of any Patent licensed or sub-licensed to Merck by such Licensor. The Party that is the filing Party under this Section shall be responsible for the payment of all costs and expenses related to such filing.
Filing, Prosecution and Maintenance of Patents. For purposes of this Section 8.2, the terms “prosecute,” “prosecuting” and “prosecution,” when used in reference to any Patent, shall be deemed to include, without limitation, the control of any interferences, reissue proceedings, oppositions and reexaminations with respect to such Patent.
Filing, Prosecution and Maintenance of Patents. (a) CUBIST shall be entitled to file, prosecute and maintain in the Territory all patent applications and patents that claim any CUBIST Inventions at its sole expense.
Filing, Prosecution and Maintenance of Patents. CytRx agrees to file, ---------------------------------------------- prosecute and maintain in the Major Pharmaceutical Markets, upon appropriate consultation with Vical, the Patent Rights owned in whole or in part by CytRx and licensed to Vical under this Agreement. In addition, and to the extent legally available CytRx shall, at Vical's request, file, prosecute and maintain such Patent Rights in other countries, which costs shall be reimbursed by Vical within sixty (60) days of receipt of invoices thereof and shall be creditable toward any future royalty payments owed by Vical pursuant to Section 4.4 hereof. These terms shall include the additional patent rights requested and agreed to by Vical as described in the November 16, 2001 agreement between CytRx and Vical and shall be included in this Agreement as Addendum 4.0. CytRx shall keep Vical advised of the status of the actual and prospective patent filings and shall provide advance copies of any papers related to the filing, prosecution and maintenance of such patent filings. Vical shall have the right to review and propose recommendations regarding any submission to be made by CytRx in connection with the filing, prosecution, and maintenance of the Patent Rights, wherein CytRx agrees to consider such recommendations and not unreasonably decide not to implement same, and Vical agrees to bear any additional expenses or fees resulting therefrom. With respect to all filings hereunder in the Major Pharmaceutical Markets, CytRx shall be responsible for payment for all costs and expenses related to such filings.
Filing, Prosecution and Maintenance of Patents. Santarus shall have the right to prepare, file, prosecute and maintain in such countries as it deems appropriate in its discretion, patent applications and patents, and to conduct any interferences, re-examinations, reissues, oppositions or requests for patent term extension or governmental equivalents thereto within the Santarus Patent Rights, and TAP shall give reasonable cooperation in connection therewith. Notwithstanding the above, TAP shall be given reasonable opportunity to comment on actions taken by Santarus with regard to Santarus Patent Rights in the Field of Use and Territory, and Santarus shall reasonably consider all such comments. TAP shall promptly reimburse Santarus for *** of the expenses of such prosecution and maintenance actually paid by Santarus within the Territory to the extent that Santarus has not been reimbursed by any Third Party for such expenses. Santarus shall in good faith use reasonable efforts to optimize the breadth of protection of the Santarus Patent Rights in such a manner as to protect and broaden the scope of TAP's license under Section 2.1.
Filing, Prosecution and Maintenance of Patents. 5.2.1 Except as provided in this Section 5.2 or Section 5.5, each Party shall have the sole right, at its own expense, to control the filing, prosecution, maintenance, defense and enforcement of its own patents and patent applications.
Filing, Prosecution and Maintenance of Patents. 9.4.1 AltaRex will be responsible for prosecuting and maintaining the Patents in the Territory except as provided below in 9.4.6. AltaRex shall promptly forward to UP’s patent counsel any substantive actions prepared for or received from the U.S. Patent and Trademark Office or any foreign patent office which may materially affect patent rights within the Territory, e.g., claim scope or patent term. UP’s patent counsel shall provide any comments to AltaRex in sufficient time for AltaRex to reflect such comments in any response. Any comments made by UP shall be made in good faith and shall be directed to maximizing the claims covered by such Patents.
Filing, Prosecution and Maintenance of Patents. CytRx agrees to file, ---------------------------------------------- prosecute and maintain in the Major Markets, upon appropriate consultation with Merck, the Patent Rights owned in whole or in part by CytRx and licensed to Merck under this Agreement. In addition, CytRx shall, at Merck's request, file, prosecute and maintain such Patent Rights in other countries, which costs shall be reimbursed by Merck within sixty (60) days of receipt of invoices therefor. CytRx shall keep Merck advised of the status of the actual and prospective patent filings and upon the request of Merck, shall provide advance copies of any papers related to the filing, prosecution and maintenance of such patent filings. With respect to all filings hereunder in Major Pharmaceutical Markets CytRx shall be responsible for payment for all costs and expenses related to such filings
