Joint Invention Patents. (i) Salix and Glenmark shall collaborate to determine which Party shall be responsible for preparing, filing, prosecuting and maintaining all patent applications and patents covering Joint Inventions (collectively, the “Joint Invention Patents”, and each, a “Joint Invention Patent”) and for related interference and opposition proceedings on behalf of both Parties based on a good faith determination of the relative contributions of the Parties to the invention(s) claimed or covered by such Joint Invention Patent and the relative level of interest of the Parties in such invention(s). At least [*] business days prior to the contemplated filing with respect to a Joint Invention Patent, the [*] for such activities for such Joint Invention Patent shall submit a substantially completed draft of such Joint Invention Patent to the other Party for its review and approval, and shall incorporate any reasonable comments provided by the other Party. If the [*] does not wish to file, prosecute or maintain any Joint Invention Patent or maintain or defend such Joint Invention Patent in a particular country, it shall notify the other Party in writing and, if the other Party elects to maintain such Joint Invention Patent, such first Party shall, and shall cause its Affiliates, as applicable, to (A) reasonably cooperate with such first Party in this regard and (B) upon such first Party’s request, promptly release or assign to such first Party, without compensation, all right, title and interest in and to such invention in such country (whereupon such Joint Invention Patent shall cease to be a Joint Invention Patent and thereafter shall be deemed to be a [*] or a Compound Invention Patent, as applicable, for purposes of this Article IV). * Confidential treatment requested; certain information omitted and filed separately with the SEC.
Joint Invention Patents. The Parties agree to prepare, file, prosecute, and maintain Joint Invention Patents at their joint expense and consult and reasonably cooperate with one other in the preparation, filing, prosecution (including prosecution strategy) and maintenance of such patent application as shall reasonably and properly be required to secure appropriate patent protection of the Joint Invention Patents. Amgen and Company shall equally control prosecution of any such Joint Invention Patents; provided that in the event that the Parties cannot agree on a course of action with respect to prosecution after good faith discussions with the common interest of securing appropriate patent protection of the Joint Invention Patents, Amgen shall control that aspect of the prosecution. Drafting, filing and prosecution of Joint Invention Patents shall be through counsel acceptable to both Parties. If either Party (the “Opting-out Party”) wishes to discontinue the prosecution and/or maintenance of a Joint Invention Patent, the other Party, at its sole option (the “Continuing Party”), may continue such prosecution and/or maintenance. In such event, the Opting-out Party shall execute such documents and perform such acts at the Continuing Party’s expense as may be reasonably necessary to effect an assignment of such Joint Invention Patents to the Continuing Party (in such country or all countries, as applicable) in a timely manner to allow the Continuing Party to prosecute and maintain such patent application or patent. Any Joint Invention Patents so assigned shall thereafter be owned solely by the Continuing Party, and the Opting-out Party shall have no right to practice under such Joint Invention Patents in the applicable country or countries.
Joint Invention Patents. Amgen shall have the first right, but not the obligation, to initiate and control any infringement proceedings or take other appropriate actions against an Infringement of the Joint Invention Patents or to defend a challenge of such Joint Invention Patent in a declaratory judgment action, at its own expense and by counsel of its own choice, and Company shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. If Amgen fails to bring any such action or proceeding with respect to an Infringement by the sooner of (a) 30 days following a request by Company to do so, or (b) 30 days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, then Company shall have the right to bring and control any such action at its own expense and by counsel of its own choice, and Amgen shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. It is understood that Amgen may exercise its rights under this Section 9.4(b) through a Sublicensee or other designee, and actions of such a Sublicensee or designee under authority from Amgen shall be deemed actions of Amgen for purposes of this Section 9.4(b).
Joint Invention Patents. Sanofi-Aventis and Exelixis shall be joint owners in and to all Joint Inventions. Sanofi-Aventis and Exelixis as joint owners each shall have the right to [ * ]. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Joint Invention Patents. (i) Salix and Glenmark shall collaborate to determine which Party shall be responsible for preparing, filing, prosecuting and maintaining all patent applications and patents covering Joint Inventions (collectively, the “Joint Invention [*] Confidential treatment requested.
Joint Invention Patents. (i) Intercept shall have the first right, but not the obligation, to prepare, file, prosecute and maintain all patent applications and patents covering Joint Inventions (the “Joint Invention Patents”) and shall be responsible for related interference and opposition proceedings; provided, however, that if Intercept plans to abandon any Joint Invention Patent, Intercept shall notify PharmaZell in writing at least [**] days in advance of the due date of any payment or other administrative action that is required to maintain such Joint Invention Patent (i.e., an administrative action that involves routine and customary filings, it being understood that interference, opposition, reissue, re-examination, and post-grant procedure proceedings, prosecution or defense of infringement actions, and the like, shall not be considered administrative actions), and PharmaZell may elect, upon written notice within such [**]-day period to Intercept, to make such payment or take such administrative action on behalf of Intercept. Except as expressly permitted in this Section 5.2(c)(i), PharmaZell shall have no right to prepare, file, prosecute or maintain any Joint Invention Patents.
Joint Invention Patents. The Parties will discuss in good faith and agree on how to file, prosecute, and maintain Joint Inventions Patents. The Parties will also discuss in good faith and agree on cost sharing and the selection of counsel, if needed. If a Party at any time declines to continue prosecution or maintenance anywhere in the Territory of any Joint Invention Patent (“Declining Party”), the Declining Party shall provide the other Party with [***] prior written notice, and thereafter the Declining Party shall have no responsibility with respect to the prosecution or maintenance of the applicable Joint Invention Patent and no responsibility for any expenses incurred in connection with such Joint Invention Patent after the end of such [***] period. If the other Party gives written notice to the Declining Party before the end of such [***] period that the other Party elects to continue prosecution or maintenance (“Accepting Party”), the Declining Party, upon the Accepting Party’s request, shall make reasonable efforts to timely execute such documents and perform such acts as may be necessary to permit the Accepting Party to prosecute and maintain such Joint Invention Patent at the Accepting Party’s sole expense. For the avoidance of doubt, nothing herein shall be construed to give either Party the right to use the other Party’s Confidential Information in prosecuting Joint Invention Patents without such Party’s prior written consent.
Joint Invention Patents. Amgen shall have the first right, at its expense, to control the Prosecution and Maintenance of Joint Invention Patents. Amgen shall consult with Advaxis as to the Prosecution and Maintenance of the Joint Invention Patents reasonably prior to any deadline or action with the applicable patent office and shall furnish to Advaxis copies of all relevant documents reasonably in advance of such consultation; provided, that if Amgen determines not to continue the Prosecution and Maintenance of any Joint Invention Patents, then Amgen shall provide reasonable prior written notice to Advaxis of such determination (which notice shall, in any event, be given no later than 60 days prior to the next deadline for any action that may be taken with respect to such Joint Invention Patent with the applicable patent office), and Advaxis shall have the right to undertake such Prosecution and Maintenance at its own expense.
Joint Invention Patents. Allogene shall have the sole right, but not the obligation, at its own expense, to control the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations), extensions and maintenance of the Joint Invention Patents in the Allogene Territory in the name of both Parties. Licensee shall have the sole right, but not the obligation, at its own expense, to control the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of the Joint Invention Patents in the Licensee Territory in the name of both Parties. Each Party (a “Prosecuting Party”) shall keep the other Party reasonably informed of progress with regard to the preparation, filing, prosecution, extensions and maintenance of the Joint Invention Patents in the Prosecuting Party’s territory. The Prosecuting Party will notify the other Party of all inter partes reviews, invalidity actions, conflict proceedings, reexaminations, reissuance, oppositions, revocation proceedings or any other material challenge relating to a given Joint Invention Patent in the Prosecuting Party’s territory. The Prosecuting Party will consult with, and consider in good faith the requests and suggestions of, the other Party with respect to strategies for filing and prosecuting the Joint Invention Patents in the Prosecuting Party’s territory. In the event that the Prosecuting Party desires to abandon or cease prosecution or maintenance of any Joint Invention Patent in the Prosecuting Party’s Territory, the Prosecuting Party shall provide reasonable prior written notice to the other Party of such intention (which notice shall, in any event, be given no later than [***] days prior to the next deadline for any action that may be taken with respect to such Patent with the applicable patent office), and upon the other Party’s written election provided no later than [***] days after such notice from the Prosecuting Party, the other Party may (but shall not be obligated to) takeover prosecution and/or maintenance of such Patent, in the name of both Parties, at the other Party’s direction and expense. If the other Party does not provide such election within [***] days after such notice from the Prosecuting Party or thereafter elects to discontinue prosecution or maintenance of any Joint Invention Patent in the Prosecuting Party’s Territory, with respect to which it has previously made such election, the Prosecuting Party may, in its sole d...
Joint Invention Patents. [***] will have the first right, [***], for preparing, filing, prosecuting (including provisional, reissue, reexamination, continuing, divisional, continuation, continuation-in-part, and substitute applications and any foreign counterparts thereof), and maintaining all Joint Invention Patents, and conducting any interferences and oppositions or similar proceedings relating to any Joint Invention Patents. [***] shall provide regular updates to [***] regarding the prosecution of such applications and will consider in good faith any recommendations by [***] regarding the prosecution, status and maintenance of Joint Invention Patents. In the event [***] declines to prosecute or maintain any Joint Invention Patent before all appeals within the respective patent office have been exhausted (each, an “Abandoned Joint Invention Patent Right”), then: (i) [***] shall provide [***] with reasonable notice of such decision so as to permit [***] to decide whether to file, prosecute or maintain such Abandoned Joint Invention Patent Rights and to take any necessary action (which notice shall, in any event, be given no later than [***] days prior to the next deadline for any action that may be taken with respect to such Abandoned Joint Invention Patent Right with the U.S. Patent & Trademark Office or any foreign patent office); (ii) [***], at [***], may assume control of the filing, prosecution or maintenance of such Abandoned Joint Invention Patent Rights; (iii) [***] shall have the right, at its expense, to transfer the responsibility for such filing, prosecution and maintenance of such Abandoned Joint Invention Patent Rights to patent counsel (outside or internal) selected by [***]; and (iv) [***] shall, at [***] reasonable request and at [***], assist and cooperate in the filing, prosecution and maintenance of such Abandoned Joint Invention Patent Rights.
