Joint Program Patents Sample Clauses
The Joint Program Patents clause defines how patents that result from collaborative work between parties in a joint program are to be handled. It typically outlines the ownership, rights to file for patents, and the sharing of costs and benefits related to inventions developed jointly. For example, it may specify that both parties have equal rights to use and license the jointly developed patents, or that one party will take the lead in prosecution with input from the other. This clause ensures that both parties have clear expectations and legal rights regarding intellectual property created together, preventing disputes and facilitating smooth cooperation.
Joint Program Patents. With respect to the infringement of a Joint Program Patent that is not a Competitive Infringement, the Parties will cooperate in good faith to bring suit together against such infringing party or the Parties may decide to permit one Party to solely bring suit. Any damages or other monetary awards recovered with respect to a Proceeding brought pursuant to this Section 8.7.1 will be shared as follows: (a) the amount of such recovery [***]; then (b) any remaining proceeds will be allocated as follows: (i) [***]; and (ii) [***].
Joint Program Patents. Subject to the terms and conditions of any Third Party Collaboration, Mersana shall have the first right (but not the obligation) to file, prosecute, maintain, defend and enforce all Joint Program Patents. Subject to the terms and conditions of any Third Party Collaboration, if at any time Mersana elects not to file, prosecute, maintain, defend or enforce any Joint Program Patent, Mersana shall promptly (and in all cases leaving sufficient time for Adimab to undertake such filing, prosecution, maintenance, defense or enforcement without a loss of rights) notify Adimab of such election, in which case Adimab may undertake such filing, prosecution, maintenance, defense or enforcement upon notice thereof to Mersana. The Party undertaking the filing, prosecution, maintenance, defense and enforcement of any Joint Program Patent pursuant to this Section 7.4(c) (the “Filing Party”) shall consult and reasonably cooperate with the other Party (the “Non-Filing Party”) in connection therewith, which shall include the following: (a) allowing the Non-Filing Party a reasonable opportunity and reasonable time to review and comment regarding relevant material communications and drafts of any material responses or proposed filings before any applicable filings are submitted to any relevant patent office or Government Authority; and (b) incorporating any reasonable comments offered by the Non-Filing Party in any final filings submitted by the Filing Party to any relevant patent office or [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
Joint Program Patents. The JPC shall determine which Party has the first right, but not the obligation, to Prosecute and Maintain the Patents (other than Product-Specific Patents) in the Joint Program IP (“Joint Patents”). The Party handling the Prosecution and Maintenance of a given Joint Patent (the “Prosecuting Party”) shall keep the other Party reasonably informed of the status of such Joint Patents and shall promptly provide such other Party with all material correspondence received from any patent authority in connection therewith. In addition, the Prosecuting Party shall promptly provide the other Party with drafts of all proposed material filings and correspondence to any patent authority for such other Party’s review and comment prior to the submission of such proposed filings and correspondences, and the Prosecuting Party shall consider the other Party’s reasonable comments in good faith. The Prosecuting Party shall notify the other Party of its intention to suspend or cease any Prosecution and Maintenance of any Joint Patent at least [***] prior to any filing or payment due date, or any other due date that requires action, in connection with such Joint Patent. In such event, the Prosecuting Party shall permit the other Party, at its discretion and at its sole expense, to continue Prosecution and Maintenance of such Joint Patent.
Joint Program Patents. For such applications and --------------------- patents that are within Joint Program Patents, the parties shall mutually agree as to the filing, prosecution, defense, and maintenance thereof, for each such patent and patent application. In the absence of such agreement, each party shall be free to proceed with such filing, prosecution, defense, and maintenance. To the extent permitted by law, such patent applications will be filed initially in Ireland.
Joint Program Patents. Subject to, and without limiting Shionogi’s rights under, Section 11.6 of this Agreement, ▇▇▇▇▇ shall have the first right, but not the obligation, to, in consultation with Shionogi, prepare, file, prosecute and maintain Joint Program Patents. ▇▇▇▇▇ shall keep Shionogi informed of the status of Joint Program Patents and will provide Shionogi with copies of all substantive documentation submitted to, or received from, the patent offices in connection therewith, at its own cost and expense, and ▇▇▇▇▇, in consultation with Shionogi, shall make all final determinations with respect to such activities as it deems in the best interest of Akili’s global intellectual property interests.
Joint Program Patents. As between the Parties, unless otherwise agreed in writing, Sanofi shall have the first right, but not the obligation, using counsel reasonably acceptable to DiCE and retained by both Sanofi and DiCE, to prepare, file, prosecute and maintain the Joint Program Patents in agreed countries and to be responsible for any related interference, re-issuance, re-examination and opposition proceedings. Subject to the following, each of DiCE and Sanofi shall be responsible for [*], of all reasonable out-of-pocket costs and expenses incurred in connection with such activities with regard to Joint Program Patents. With regard to any such expenses, DiCE shall reimburse Sanofi on a Calendar Quarter basis to achieve the foregoing allocation of such costs and expenses with respect to the Joint Program Patents.