Maintenance and Prosecution. Each Participant is responsible for any protection of the Foreground its owns pursuant to this Consortium Agreement and shall have to file patent applications for such Foreground in their own name(s) and at their own expense. Joint owners of Foreground shall agree between them on who shall be responsible for the timely prosecution and maintenance of all such Foreground and the Participant that is nominated to be so responsible shall be entitled to charge the other joint owners with a percentage of the costs of so doing as agreed between the joint owners. In the absence of any agreement to the contrary between joint owners such costs shall be equally shared.
Maintenance and Prosecution. Each Party is responsible for any protection of the Foreground its owns pursuant to this Consortium Agreement and shall have to file patent applications for such Foreground in their own name(s) and at their own expense. Joint owners of Foreground shall agree between them on who shall be responsible for the timely prosecution and maintenance of all such Foreground and the Party that is nominated to be so responsible shall be entitled to charge the other joint owners with a percentage of the costs of so doing as agreed between the joint owners. In the absence of any agreement to the contrary between joint owners such costs shall be equally shared.
Maintenance and Prosecution. Braeburn shall have the first right to Prosecute and Maintain, in Titan’s name, the Titan Core Patents and, in the names of both Parties, any patent application(s) or patent(s) arising from Joint Inventions, using patent counsel selected by Braeburn and reasonably acceptable to Titan, and shall be responsible for the payment of all Prosecution and Maintenance costs. Braeburn agrees to keep Titan informed of the course of patent prosecution or other proceedings, including by providing Titan with copies of office actions and communications received by Braeburn from, and communications sent by Braeburn to, the United States Patent and Trademark Office and foreign patent offices concerning such Patent Rights. Braeburn shall solicit Titan’s review of the nature and text of such patent applications and prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and Braeburn shall consider in good faith Titan’s reasonable comments related thereto. Upon Braeburn’s request, Titan shall reasonably cooperate in the Prosecution and Maintenance of any such patent application or patent. If Braeburn elects not to Prosecute and Maintain a patent application or patent included in such Patent Rights in the Territory, it shall provide Titan with no less than ninety (90) days’ written advance notice sufficient to avoid any loss or forfeiture. In such event Titan shall have the right, but not the obligation, at its sole expense, to Prosecute and Maintain such patent application or patent as owner thereof and, at Titan’s election and upon not less than thirty (30) days’ prior written notice to Braeburn, such patent application or patent shall no longer be deemed or included in Patent Rights under this Agreement. Titan shall have the sole right to Prosecute and Maintain any patent application(s) or patent(s) arising from the Titan Inventions, at its sole expense.
Maintenance and Prosecution. Each Party is responsible for any protection of the Foreground that it owns pursuant to this Consortium Agreement and shall have the right to file patent applications for such Foreground in their own name and at its own expense. If the Research Organization and/or the Industrial Party are joint owners of Foreground the owning Parties shall discuss which Party will be in the lead of patent prosecution and how the associated costs will be shared.
Maintenance and Prosecution. Each Party is responsible for any protection of the Foreground its owns pursuant to this ICA and shall have to file patent applications for such Foreground in their own name(s) and at their own expense. Joint owners of Foreground shall agree between them on who shall be responsible for the timely prosecution and maintenance of all such Foreground and the Party that is nominated to be so responsible shall be entitled to charge the other joint owners with a percentage of the costs of so doing as agreed between the joint owners. In the absence of any agreement to the contrary between joint owners such costs shall be equally shared.
Maintenance and Prosecution. (a) At its own expense, Licensee shall have the right to file, prosecute and maintain all new and existing applications for, and registrations of (i) the Boise Name Mxxx in the Field of Use that contain a description of products and services that are in the Field of Use, or (ii) the Orange Dot Mxxx outside the Retained Businesses; provided, that Licensee shall give notice to Licensor of any new applications for registration of any of the foregoing.
Maintenance and Prosecution. Indevus shall have the first right to file, prosecute and maintain the Indevus Patent Rights and any patent application(s) or patent(s) arising from Joint Inventions in Indevus’ name, using patent counsel selected by Indevus and shall be responsible for the payment of all patent prosecution and maintenance costs. Indevus agrees to keep Esprit informed of the course of patent prosecution or other proceedings, including by providing Esprit with copies of office actions and communications received by Indevus from, and communications sent by Indevus to, the United States Patent and Trademark Office and foreign patent offices concerning such Patent Rights. Indevus shall solicit Esprit’s review of the nature and text of such patent applications and important prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and Indevus shall take into account Esprit’s reasonable comments related thereto. Upon Indevus’ request, Esprit shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. If Indevus elects not to file, prosecute or maintain a patent application or patent included in such Patent Rights in the Territory, it shall provide Esprit with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Esprit shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent as owner thereof. Esprit shall have the sole right to file, prosecute and maintain any patent application(s) or patent(s) arising from the Esprit Inventions, at its sole expense.
Maintenance and Prosecution. Licensor shall have the sole right and ability to file, prosecute, register, maintain and renew all registrations and applications of all Intellectual Property in the Compound and/or Licensed Products at Licensor’s sole cost and expense.
Maintenance and Prosecution. Buyer shall maintain the pendency, subsistence, validity and enforceability, of the Licensed IP. Buyer may discontinue prosecution or maintenance, abandon, or dedicate to the public any of the Licensed IP in its sole discretion; provided, that Buyer shall give notice to Seller prior to discontinuing any such prosecution or maintenance.
Maintenance and Prosecution. (a) Licensor shall have the right and the obligation to file, prosecute and maintain the Licensor Patent Rights in Licensor’s name, using patent counsel selected by Licensor. Licensor shall pay all patent prosecution and maintenance costs relating to the Licensor Patent Rights licensed hereunder. If for any reason Licensor elects not to pay any applicable maintenance costs in the Territory during the Term, or elects not to file an application for a Licensor Patent Right, Licensor shall notify Licensee at least 45 days prior to the date an applicable payment is due or the date any loss or forfeiture of rights may occur, and Licensee may take over the maintenance and/or prosecution of such Licensor Patent Rights; provided, however, that any existing Valid Claims of such Licensor Patent Rights will be deemed no longer Valid Claims for purposes of this Agreement and SECTION 4.3(a). Licensor shall promptly, but no less then each Calendar Quarter, inform Licensee of all new Licensor Patent Rights in the Territory. Licensor shall have the sole right to file, prosecute and maintain all Jointly Owned Intellectual Property in the People’s Republic of China.
