Patent Maintenance and Prosecution. 6.1.1 ALLERGAN will file, prosecute, and maintain the ALLERGAN Patent Rights after taking into account GSK's reasonable interests and requests after reasonable consultation with GSK. As relevant to the activities and interests of GSK under this Agreement, ALLERGAN will promptly inform GSK in writing of any change in the status of the ALLERGAN Patent Rights. GSK will reimburse ALLERGAN for *** of all of ALLERGAN's costs and expenses in prosecuting and maintaining the ALLERGAN Patent Rights in the Territory, including the costs of oppositions, interferences, and similar proceedings, and any appeals arising therefrom. Should ALLERGAN elect not to file, prosecute, or maintain any patent or patent application included within the ALLERGAN Patent Rights, ALLERGAN will provide (a) GSK with written notice as soon as reasonably possible after making such election but in any event no later than sixty (60) calendar days before GSK would be faced with a possible loss of rights, (b) give GSK the right, at GSK's discretion and sole expense, to file, prosecute and maintain such patents and/or patent applications, and (c) offer reasonable assistance in connection with such filing, preparation, and maintenance at no cost to GSK except for reimbursement for reasonable out-of-pocket expenses incurred by ALLERGAN. In the event that GSK elects to file, prosecute and maintain any patent and/or patent application included within ALLERGAN Patent Rights as provided herein, such patent and/or patent application will not be regarded as an ALLERGAN Patent Right for the purpose of Section 6.3.2(a), but rather GSK will have the initial right to initiate, maintain and control any enforcement actions relating to such patent or patent application as provided in Section 6.3.2(b).
Patent Maintenance and Prosecution. (a) Ligand shall, at [* * *], and [* * *], Prosecute the Licensed Patents that are Controlled by Ligand; provided that, Ligand shall make available to Chiva copies of material correspondence with any patent office regarding the Licensed Patents to the extent they relate to Licensed Products. [* * *]. In the event that Ligand decides to cease activities relating to Prosecuting any Licensed Patent, Ligand shall provide written notice thereof to Chiva and, prior to taking action that would result in the abandonment of any such Patent, Ligand shall engage in good faith discussions with Chiva, such discussions to occur at least [* * *] prior to the date when government rights would be lost as a consequence of abandonment of such Patent.
Patent Maintenance and Prosecution. SNFX shall, at its sole expense and within its sole discretion, prepare, file, prosecute and maintain the Licensed Patents and be responsible for any related interference, re-issuance, re-examination and other opposition proceedings; provided that SNFX shall provide MERSANA with drafts of any filings that use MERSANA’s data prior to their submission in sufficient time to allow MERSANA the reasonable opportunity to review, consider and substantively comment thereon. SNFX may abandon any Licensed Patent or Licensed Patent claims in SNFX’s sole discretion.
Patent Maintenance and Prosecution. Benitec Australia has provided a copy of the CSIRO License to Regen BioPharma. This Section 5 (Patent Maintenance and Prosecution) is subject at all times to and does not operate to xxxxxx or derogate from the rights of CSIRO under the CSIRO License.
Patent Maintenance and Prosecution. (a) Licensee shall have the first right (in its discretion), at Licensee’s cost and expense, to Prosecute the Licensed Patents. Licensee may elect to use outside counsel, reasonably acceptable to Ligand, for such Prosecution. With respect to any Licensed Patent, Licensee may elect (i) not to Prosecute, (ii) not to Prosecute in a particular country (including electing not to validate in a particular country) or (iii) to discontinue Prosecution in a particular country, and in any such case, Licensee shall provide Ligand with at least thirty (30) days prior notice and Ligand shall have the right (but not the obligation), at Ligand’s sole expense and upon written notice to Licensee, to assume such responsibility for the Prosecution of such Licensed Patents to the extent Licensee has elected not to do so. If Ligand assumes the Prosecution of a Licensed Patent and a patent claim issues with respect to such Licensed Patent, Ligand may elect to terminate all the rights to such issued claim of such Licensed Patent formally granted to the Licensee under this Agreement, unless Licensee (i) reimburses Ligand for its reasonable, documented, external costs and expenses related to the Prosecution of such patent claim within sixty (60) days of notice of issuance of any such patent and (ii) assumes, in writing, the responsibility for the continued Prosecution of such Licensed Patent.
Patent Maintenance and Prosecution. Sublicensor agrees to maintain, prosecute and continue in force all Sublicensed Patents, including preparing, filing, maintenance and prosecution of each Sublicensed Patent, as well as reissues, reexaminations and similar proceedings with respect to each Sublicensed Patent, and the conduct of interferences, defense of oppositions, requests for term extensions, and similar proceedings with respect to each Sublicensed Patent; and including the payment of all license fees, royalties, annuities, government fees and other fees and costs for the maintenance of such Sublicensed Patents. In the event that Sublicensor for any reason and at any time abandons or otherwise fails to maintain, prosecute, and enforce any Sublicensed Patent in any country in the Territory, Sublicensor shall give Sublicensee reasonable advance written notice of such abandonment or other failure which notice shall in any event be given before Sublicensed Patent rights are lost in such country. In the event Sublicensor abandons or otherwise fails to maintain, prosecute, or enforce any Sublicensed Patent in any country then Sublicensee shall have the right to assume the future maintenance, prosecution and enforcement, of such Sublicensed Patent; and upon such assumption by Sublicensee the license granted herein shall automatically convert from non-exclusive to exclusive with respect to such Sublicensed Patent in each country in which Sublicensee assumes such obligations, without execution of any further documents, and Licensee will become obligated to pay royalties as provided below. The above provisions notwithstanding, neither Sublicensor, nor Sublicensee after assumption of the obligation to maintain, enforce and prosecute any Sublicensed Patent, shall be obligated to expend its funds for litigation in connection therewith. Subsequent to assuming the obligation to maintain, enforce, and prosecute any Sublicensed Patent, Sublicensee shall be free to abandon same on a country by country basis.
Patent Maintenance and Prosecution. 13.1 Senetek will, during the period of this Agreement, be responsible for prosecution and maintenance of the Patents and will take all actions necessary to prosecute and maintain the Patents, including but not limited to ensuring that all fees necessary to prosecute and maintain the Patents are timely paid. In addition, Senetek will, where available and on Plethora’s request, apply timely for and thereafter prosecute any applications for and maintain, any extensions to patent term, including but not limited to supplementary protection certificates in respect of the Product and the Delivery System.
Patent Maintenance and Prosecution. (e) Ligand shall, at [***], and [***], Prosecute the Licensed Patents that are Controlled by Ligand; provided, however, Ligand shall make available to Chiva copies of material correspondence with any patent office regarding the Licensed Patents to the extent they relate to Licensed Products. [***]. In the event that Ligand decides to cease activities relating to Prosecuting any Licensed Patent, Ligand shall provide written notice thereof to Chiva at least [***] prior to the date when government rights would be lost as a consequence of abandonment of such Patent. [***].
Patent Maintenance and Prosecution. Polyclad shall be responsible for payment of all patent prosecution, maintenance and other expenses for the Patents which accrue after the Effective Date of this Agreement, and shall be responsible for the diligent prosecution of all pending foreign patent applications included in the Patents, to the extent feasible or advisable in the reasonable view of Polyclad. Until full payment of the one million three hundred thousand dollars ($1,300,000.00) called for under
Patent Maintenance and Prosecution. (a) [***] Prosecute the Fablyn Patents that are Controlled by Ligand; provided, however, Ligand shall make available to Chiva copies of material correspondence with any patent office regarding the Fablyn Patents to the extent they relate to Products. Chiva shall have the right to comment upon the Prosecution of the Fablyn Patents, and Ligand shall reasonably consider any such comments. Chiva shall reimburse Ligand for all reasonable costs associated with the Prosecution of the Fablyn Patents. In the event that Ligand decides to cease activities relating to Prosecuting any Fablyn Patents, Ligand shall provide written notice thereof to Chiva and, prior to taking action that would result in the abandonment of any such Patent, Ligand shall engage in good faith discussions with Chiva, such discussions to occur at least [***] prior to the date when government rights would be lost as a consequence of abandonment of such Patent.
