Common use of Foreign Filing Decisions Clause in Contracts

Foreign Filing Decisions. No later than nine (9) months following the filing date of a priority patent application filed according to Section 6.2(a), the Parties shall consult together, through the JRSC or otherwise, and agree whether such priority application should be abandoned without replacement; abandoned and refiled; proceeded with in the country of filing only; or used as the basis for a claim of priority under the Paris Convention for corresponding applications in other countries. The same shall apply to any priority patent application which, as of the Effective Date, is part of the Versicor Patent Rights and for which no corresponding foreign applications have been filed.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Versicor Inc /Ca), Stock Purchase Agreement (Versicor Inc /Ca)

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Foreign Filing Decisions. No later than nine (9) months following the filing date of a priority patent application filed according to Section 6.2(a)13.2.1 above, the Parties parties shall consult together, through the JRSC Steering Committee or otherwise, and agree whether such priority application should be abandoned without replacement; abandoned and refiledrefilled; proceeded with in within the country of filing only; or used as the basis for a claim of priority under the Paris Pans Convention for corresponding applications in other countries. The same shall apply to any priority patent application which, as of the Effective Date, is part of the Versicor Patent Rights and for which no corresponding foreign applications have been filed.

Appears in 2 contracts

Samples: Collaborative Research and Development and License Agreement (Metabasis Therapeutics Inc), Collaborative Research and Development and License Agreement (Metabasis Therapeutics Inc)

Foreign Filing Decisions. No later than nine (9) months following the filing date of a priority patent application filed according to Section 6.2(a)14.2.1 above, the Parties parties shall consult together, through the JRSC Steering Committee or otherwise, and agree to determine whether such priority patent application should be abandoned without replacement; abandoned and refiled; proceeded with in within the country of filing only; or used as the basis for a claim of priority under the Paris Convention for corresponding applications in other countries. The parties shall consult together to ensure that so far as practicable the texts filed in the United States and in other countries contain the same shall apply to any priority patent application which, as information and claim the same scope of the Effective Date, is part of the Versicor Patent Rights and for which no corresponding foreign applications have been filedprotection.

Appears in 2 contracts

Samples: Research Agreement (Seattle Genetics Inc /Wa), Research Agreement (Seattle Genetics Inc /Wa)

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Foreign Filing Decisions. No later than nine (9) months following ------------------------ the filing date of a priority patent application filed according to Section 6.2(a)13.2.1 above, the Parties parties shall consult together, through the JRSC Steering Committee or otherwise, and agree whether such priority application should be abandoned without replacement; abandoned and refiled; proceeded with in within the country of filing only; or used as the basis for a claim of priority under the Paris Convention for corresponding applications in other countries. The same shall apply to any priority patent application which, as of the Effective Date, is part of the Versicor Patent Rights and for which no corresponding foreign applications have been filed.

Appears in 1 contract

Samples: Collaborative Research and Development Agreement (Gensia Sicor Inc)

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