Patent Procurement Costs Clause Samples
The Patent Procurement Costs clause defines which party is responsible for paying the expenses associated with obtaining and maintaining patents related to the subject matter of the agreement. This typically includes costs such as filing fees, attorney fees, and renewal fees for patent applications and issued patents. By clearly allocating these financial responsibilities, the clause helps prevent disputes over payment and ensures that the process of securing intellectual property rights proceeds smoothly.
Patent Procurement Costs. (a) All Patent Procurement Costs related to Prosecuting Patent Rights hereunder in Designated Countries shall be shared by the Parties as follows: (a) Patent Procurement Costs relating to the Prosecution of Celgene Patent Rights in Designated Countries or any other countries in the Territory shall be paid for by Celgene, (b) Patent Procurement Costs relating to the Prosecution of Joint Patent Rights in Designated Countries shall be borne equally by the Parties, and (c) Patent Procurement Costs relating to the Prosecution of Acceleron Patent Rights in Designated Countries shall be borne [* * *] percent [* * *] by Acceleron and [* * *] percent [* * *] by Celgene.
(b) In the event that Celgene requests that an Acceleron Patent Right or a Joint Patent Right be Prosecuted in any country other than the Designated Countries, then any Patent Procurement Costs relating to such Prosecution of such Acceleron Patent Right or Joint Patent Right, as applicable, in such country shall be deemed a Development Cost. In the event that Acceleron requests that a Joint Patent Right be Prosecuted in any country other than the Designated Countries, then any Patent Procurement Costs relating to such Prosecution of such Joint Patent Right in such country shall be borne [* * *] percent [* * *] by Acceleron and [* * *] percent [* * *] by Celgene.
(c) Notwithstanding anything else in this Section 8.2.4, any Patent Procurement Costs owed by Acceleron to any third party licensor pursuant to an agreement executed by Acceleron prior to the Effective Date (or, with respect to any Option Compound, prior to the date that such Option Compound is deemed a Licensed Compound in accordance with Article 7) shall be borne solely by Acceleron.
Patent Procurement Costs. (a) All Patent Procurement Costs related to Prosecuting Patent Rights hereunder shall be shared by the Parties as follows:
(a) Patent Procurement Costs relating to the Prosecution of Genocea Patent Rights in the Territory shall be paid for by Genocea, (b) Patent Procurement Costs relating to the Prosecution of Joint Patent Rights in the Territory shall be borne equally by the Parties, and (c) Patent Procurement Costs relating to the Prosecution of Isconova Patent Rights in the Territory shall be borne by Isconova. This notwithstanding, should Isconova choose not to Prosecute Isconova Patent Rights and Genocea choose to Prosecute such Patent Rights as set forth in Section 7.1.1(d), then Genocea shall bear the costs related to such Prosecution, and Genocea may off-set its Procurement Costs related to such Patent Rights on a country-by-country basis from the royalty amounts attributable to the country in question that Genocea would otherwise owe Isconova hereunder.
(b) Notwithstanding anything else in this Section 7.1.4, any Patent Procurement Costs owed by Isconova to any other Third Party licensor pursuant to an agreement executed by Isconova prior to the Effective Date shall be borne solely by Isconova.
Patent Procurement Costs. All Patent Procurement Costs related to Prosecuting Patent Rights hereunder in Designated Countries shall be shared by the Parties as follows: