Option for Commercialization License. With respect to Government IP rights to any Subject Invention not made solely by the Collaborator's employees for which a patent or other IP application is filed, PHS hereby grants to the Collaborator an option to elect an exclusive or nonexclusive commercialization license, which is substantially in the form of the appropriate model PHS license agreement. This option does not apply to Subject Inventions conceived prior to the effective date of this CRADA that are reduced to practice under this CRADA, if prior to that reduction to practice, PHS has filed a patent application on the invention and has licensed it or offered to license it to a third party. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the CRADA, the risks incurred by the Collaborator and the costs of subsequent research and development needed to bring the invention to the marketplace. The field of use of the license will be commensurate with the scope of the RP.
Option for Commercialization License. With respect to Government IP rights to any Subject Invention not made solely by the employees of RPRP or Introgen, for which a patent or other IP application is filed, PHS grants to RPRP and Introgen, individually, an option to elect a co-exclusive commercialization license which is substantially in the form of the appropriate model PHS license agreement/s. In the event that either party declines the option for a co-exclusive license, the other Party may exercise the option to an exclusive license. Unless agreed otherwise, Introgen shall negotiate on behalf of Introgen and/or RPRP. This option does not apply to Subject Inventions conceived prior to the effective date of this CRADA that are reduced to practice under this CRADA, if prior to that reduction to practice, PHS has filed a patent application on the invention and has licensed it or offered to license it to an Entity. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the CRADA, the risks incurred by RPRP and Introgen individually, and the costs of subsequent research and development needed to bring the invention to the marketplace. The field of use of the license will be commensurate with the scope of the RP. PHS acknowledges that Agent has been actually reduced to practice with respect to the treatment of cancer, independent of the CRADA and prior to the performance of the Research Plan.
Option for Commercialization License. With respect to Government IP rights to any Subject Invention not made solely by the Collaborator's employees for which a patent or other IP application is filed, PHS hereby grants to the Collaborator an exclusive option to elect an exclusive or nonexclusive commercialization license, which is substantially in the form of the appropriate model PHS license agreement The exclusive commercialization license option only applies to DNA MassArray(TM) -specific Subject Inventions generated under this CRADA. This option does not apply to Subject Inventions conceived prior to the effective date of this CRADA that are reduced to practice under this CRADA, if prior to that reduction to practice, PHS has filed a patent application on the invention and has licensed it or offered to license it to a third party. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the CRADA, the risks incurred by the Collaborator and the costs of subsequent research and development needed to bring the invention to the marketplace. The field of use of the license will be commensurate with the scope of the RP.
Option for Commercialization License. With respect to Government IP rights to any Subject Invention not made solely by the Collaborator’s employees for which a patent or other IP application is filed, PHS hereby grants to the Collaborator an exclusive option to elect an exclusive or nonexclusive commercialization license, which is substantially in the form of the appropriate model PHS license agreement. This option does not apply to Subject Inventions conceived prior to the effective date of this CRADA that are reduced to practice under this CRADA, if prior to that reduction to practice, PHS has filed a patent application on the invention and has licensed it or offered to license it to a third party. To the best of NCI’s knowledge after due inquiry on the date that NCI signed this CRADA no such Subject Invention exists. In the event that it is later determined that any such Subject Invention does exist, Collaborator shall be granted an option to a nonexclusive license for any such Subject Invention licensed to a Third Party on a nonexclusive basis. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the CRADA, the risks incurred by the Collaborator and the costs of subsequent research and development needed to bring the invention to the marketplace. The field of use of the license will be commensurate with the scope of the RP. Collaborator has the right to transfer or sublicense any rights taken under this paragraph to additional partners. Any such sublicenses shall be subject to the terms of the applicable License agreement and upon written approval by PHS, which approval will not be unreasonably withheld; and will reflect that any sub-licensee will not further sublicense.
Option for Commercialization License. Robexxx xxxll have the option to obtain an exclusive license, with the right to sublicense subject to RiboGene's prior written approval, under RiboGene Technology and Collaboration Technology in the Field to make, have made, use, import, offer for sale and sell the Product in the Territory. The option shall be in effect in any particular country of the Territory for a period beginning on the Effective Date and ending sixty (60) days after first Regulatory Approval of the Product in that particular country of the Territory ("Option Period").
Option for Commercialization License. With respect to ABC’s IP rights to any Subject Invention not made solely by the PSRC’s employees for which a patent or other IP application is filed, ABC hereby grants to the PSRC an option to elect an exclusive or nonexclusive commercialization license. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the Agreement, the risks incurred by the PSRC, and the costs of subsequent research and development needed to bring the invention to the marketplace.
Option for Commercialization License. With respect to Government IP rights to any Subject Invention not made solely by the Collaborator's employees for which a patent or other IP application is filed, NCI hereby grants to the Collaborator an EXCLUSIVE option to elect an exclusive or nonexclusive commercialization license, which is substantially in the form of the appropriate model NCI license agreement. This option does not apply to Subject Inventions conceived prior to the effective date of this CRADA that are reduced to practice under this CRADA, if prior to that reduction to practice, NCI has filed a patent application on the invention and has licensed it or offered to license it to a third party. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the CRADA, the risks incurred by the * Confidential treatment requested: material has been omitted and filed separately with the Commission. Collaborator and the costs of subsequent research and development needed to bring the invention to the marketplace. The field of use of the license will be commensurate with the scope of the RP.
Option for Commercialization License. With respect to Government IP rights to any Subject Invention not made solely by the Collaborator’s employees for which a patent or other IP application is filed, PHS hereby grants to the Collaborator an exclusive option to elect an exclusive or nonexclusive commercialization license, which is substantially in the form of the appropriate model PHS license agreement. This option does not apply to Subject Inventions [*] that are [*], if [*], PHS has [*] [*] and has [*] or [*]. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the CRADA, the risks incurred by the Collaborator and the costs of subsequent research and development needed to bring the invention to the marketplace. The field of use of the license will be [*].
Option for Commercialization License. Academia Sinica hereby grants to the Collaborator an exclusive option to elect an exclusive or nonexclusive commercialization license, which is substantially in the form of the appropriate model of Academia Sinica’s license agreement. This option does not apply to Subject Inventions conceived prior to the effective date of this CRADA that are reduced to practice under this CRADA, if prior to that reduction to practice, Academia Sinica has filed a patent application on the invention and has licensed it or offered to license it to a third party. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the CRADA, the risks incurred by the Collaborator and the costs of subsequent research and development needed to bring the invention to the marketplace. The field of use of the license will be commensurate with the scope of the RP.
Option for Commercialization License. With respect to TGen IP rights to any Subject Invention not made solely by the Collaborator’s employees for which a patent or other IP application is filed, TGen hereby grants to the Collaborator an option to an exclusive or nonexclusive commercialization license. This option does not apply to Subject Inventions conceived prior to the effective date of this Agreement that are reduced to practice under this Agreement, if prior to that reduction to practice, TGen has filed a patent application on the invention and has licensed it or offered to license it to a third party. The terms of the license will fairly reflect the nature of the invention, the relative contributions of the Parties to the invention and the Agreement, the risks incurred by the Collaborator, and the costs of subsequent research and development needed to bring the invention to the marketplace. The field of use of the license will be commensurate with the scope of the RP.
