Joint Patent Clause Examples for Any Agreement
A Joint Patent clause defines the rights and responsibilities of two or more parties who jointly own a patent resulting from their collaborative efforts. It typically outlines how the patent will be managed, including decisions about filing, prosecution, enforcement, licensing, and sharing of any resulting revenues. For example, the clause may specify whether both parties must agree before licensing the patent to third parties or how costs associated with maintaining the patent are divided. The core function of this clause is to prevent disputes by clearly allocating control and benefits of the jointly owned patent, ensuring that both parties understand their roles and obligations.
Joint Patent. (a) A party shall promptly notify the other party when any infringement of any Joint Patent is uncovered or suspected. A party which owns an Acquired Joint Patent shall have the sole right, but not the obligation, at its sole expense, to institute, prosecute, and control any action or proceeding with respect to an infringement of such Acquired Joint Patent.
(b) The parties shall mutually agree upon which party shall have the first right to enforce such Joint Patent against any infringement or alleged infringement thereof, and shall at all times keep the other party informed as to the status thereof. Such party may (i) in its sole judgment and at its own expense institute a suit against any such infringer or alleged infringer, and (ii) control, settle and defend such suit. Each party shall give reasonable assistance to the other in connection with any action or proceeding regarding a Joint Patent (including being joined as a party plaintiff if necessary to prosecute the action).
(c) Any damages or other monetary awards recovered in an action against an infringer of a Joint Patent (other than an Acquired Joint Patent) shall be applied to the reimbursement of the parties' respective out-of-pocket expenses (including reasonable attorneys' fees and expenses) incurred in prosecuting such infringement action on a pro rata basis based upon their respective out-of-pocket expenses until all such expenses have been recovered, and any remaining balance shall be divided equally between the parties.
Joint Patent. (a) Except as otherwise provided in Section 4.6.4(b), ADCT shall have the right, but not the obligation, to prepare, file, prosecute and maintain the Joint Patents in the names of both ADCT and MTPC in the ADCT Territory at ADCT’s sole expense, and MTPC shall have the right, but not the obligation, to prepare, file, prosecute and maintain the Joint Patents in the names of both ADCT and MTPC in the MTPC Territory at MTPC’s sole expense. Each Party shall at its own cost, sign, or use commercially reasonable efforts to have signed, all legal documents necessary to file and prosecute patent applications or to obtain or maintain patents in respect of such Joint Patents. Each Party will be kept reasonably informed on progress of other Party’s prosecution and will be provided reasonable opportunity to review and comment on prosecution-material documents, upon the other Party’s request.
(b) In the event that the Party (the “Abandoning Party”) elects not to file or continue to prosecute or maintain patent protection on any Joint Patents in its Territory by written notice to the other Party (the “Assuming Party”) given at least [**] days prior to any upcoming deadline in any patent office with respect to such Joint Patents, the other Party shall have the right (but not the obligation) to file, prosecute and maintain such Joint Patents in such country in its sole name at its sole expense and without recourse to the Abandoning Party, in which event such Joint Patent will become Assuming Party’s Patent.
Joint Patent. The Parties will be jointly responsible for preparing, filing, prosecuting, and maintaining Joint Patents that are useful to research, develop or commercialize the Licensed Compound or Product(s) with Innovent being responsible and bearing all the costs in the Territory and AnHeart being responsible and bearing all costs outside the Territory. If either Party, in its sole discretion, decides that it will no longer prosecute or maintain a Joint Patent, it will give the other Party reasonable notice of its decision, which will include sufficient time prior to the expiration or termination of all relevant deadlines for taking necessary actions to preserve the rights in such Joint Patent, and will allow the other Party to assume control over and continue prosecuting and maintaining such Joint Patent. AnHeart shall grant Innovent a sub-licensable, royalty-bearing, exclusive right and license to its rights and interest in any Joint Patent in the Field in the Territory, under the same terms as set forth in Section 2.1. Without the written consent of the other party, either party shall not [**Redacted**].
Joint Patent. 3 1.15 Know-How................... 3 1.16
Joint Patent. The Parties and Operation Companies may work Joint Inventions and Joint Patent (whether patented or patent pending) without any restriction or payment obligation. Provided, however, that neither Party may grant any license to any third Party other than Operation Companies on Joint Invention and Joint Patent (whether patented or patent pending) or otherwise dispose, abandon or assign its interest therein without prior written consent of the other Party.
Joint Patent. The term “Joint Patent” shall mean any Patent filed with respect to a Joint Invention.
Joint Patent. As at the signing date of this Agreement, the patents that Party A and Party B cooperated together to create and were granted by the State Intellectual Property Office (hereinafter referred to as “SIPO”) are listed as below: Both Party A and Party B agree that the 7 patents listed above, any new patents which both parties research collectively and are granted by the SIPO will be listed as an appendix of this Agreement and will be subject to this Agreement as well.
Joint Patent. USE OF 5-METHOXY-2-AMINOINDAN (“MEAI”) IN METHODS FOR TREATING COCAINE ADDICTION
Joint Patent. Any patent application disclosing Information jointly owned by the Parties in accordance with Section 6.1(b) shall be provided by one Party to the other reasonably in advance of the intended date for submission of such application to a governmental patent authority. Subject to Section 6.2(d), CoTherix, through patent attorneys or agents of its choice, shall have the sole right to obtain, prosecute and maintain in the Territory the Patents with respect to such Information (“Joint Patents”). In countries outside the Territory, Asahi shall have such rights. Unless one Party obtains the full ownership of Joint Patents pursuant to the provisions set forth below, the Parties shall [***] related to the filing, prosecuting and maintaining of Joint Patents worldwide. If a Party elects not to file, prosecute, or maintain a Joint Patent in a country, the Party shall give the other Party notice thereof within a reasonable period prior to allowing such Joint Patent to lapse, become abandoned, or become unenforceable. The other Party, at its sole discretion [***], may file, prosecute, or maintain such Patent in its own name, in which case the Party shall transfer [***] its ownership right in such jointly owned Information and Joint Patent with respect thereto to the other Party.
Joint Patent