Patent Prosecution and Expenses. Unless the parties agree in writing otherwise, the filing, prosecution, defense and maintenance of all Patents for Joint Inventions will be conducted jointly in the name of both parties and controlled by them jointly, acting reasonably and in good faith.
Patent Prosecution and Expenses. Unless the parties agree in writing otherwise, the filing, prosecution, defense and maintenance of all Patents for Joint Inventions will be conducted jointly in the name of both parties and controlled by them jointly, acting reasonably and in good faith, with all associated costs shared equally. However, if one party desires to file, prosecute or maintain any Patents for a Joint Invention while the other party does not, the other party shall assign its ownership rights therein to the other party (in which case the Joint Invention will become a Sole Invention of the other party) in exchange for a fully paid, non-exclusive worldwide right and license (with “have made” rights but no sublicensing rights) under such Sole Invention and any associated Patents, after which the other party shall have no further obligation for cost sharing.
Patent Prosecution and Expenses. Institution shall promptly ---------------------------------- disclose to Collaborator any Inventions conceived or reduced to practice in the course of or as a result of the work done hereunder, or as a result of information or materials supplied hereunder. Collaborator shall be responsible for preparing, filing, prosecuting and maintaining appropriate United States and foreign patent applications of Collaborator Inventions and Joint Inventions. Collaborator shall consult with Institution regarding the preparation, filing, prosecution, and maintenance of all such patent applications including applications that relate to Collaborator Inventions, and shall furnish to Institution copies of documents relevant to any such preparation, filing, prosecution or maintenance of such applications prior to filing so that Institution may review inventorship decisions and any other matters relevant to the applications. Institution shall be responsible for preparing, filing, prosecuting and maintaining appropriate United States and foreign patent applications of all Institution Inventions. Collaborator shall reimburse Institution for all expenses related to preparation, filing, prosecution or maintenance of all such Institution applications, to which Collaborator has been granted an Option pursuant to Article 8 below. If Collaborator notifies Institution that it does not wish to file and pay the costs of an application to any Institution Invention or Joint Invention, Institution may file such application at its expense and the Collaborator shall have no further rights to Institution's interest in that patent application.
Patent Prosecution and Expenses. 8.1 Forty Five Thousand dollars ($45,000) of the past costs associated with filing, prosecuting, renewing, and maintaining the Licensed Patent Rights, including attorney’s fees and costs incurred during the Term of this Agreement shall be reimbursed to MMC by Licensee. These patent reimbursement costs shall be reimbursed as follows: Fifteen thousand dollars ($15,000) within 30 days of the Effective Date, Fifteen thousand dollars ($15,000) on the first anniversary of the Effective Date, and Fifteen thousand dollars ($15,000) on the second anniversary of the Effective Date. However, if the license of any patent application or patent of the Licensed Patent Rights shall be converted to a non-exclusive license under the provisions of Section 4, then Licensee shall have the obligation to reimburse any costs on a pro rata basis with any other licensee(s) for such non-exclusively Licensed Patent Rights when such costs occur after that conversion of the license.
Patent Prosecution and Expenses. Praecis shall have the right, at its expense, to control the preparing, filing, prosecuting and maintaining of the Praecis Patents in the Territory, and the conducting of any interferences, re-examinations, reissues, oppositions or requests for Patent term extensions relating to the Praecis Patents. If Praecis determines in its sole discretion to abandon or not maintain any Praecis Patents in the Territory, then Praecis, to the extent it may do so, shall use commercially reasonable efforts to provide Schering with at least sixty (60) days’ prior written notice of such determination. In such event, Schering shall have the right, at its option (except with respect to unpublished Patent applications, in which case such right is only upon the prior written consent of Praecis, granted at Praecis’ sole discretion) to control the filing, prosecution and/or maintenance of any such Patent at its own expense, in Praecis’ name. Notwithstanding the foregoing, if the SC agrees that failure to obtain or maintain such Patent protection would have a material adverse impact on the Development or Commercialization of the Product in the Territory, Schering shall have the right to credit against amounts due to Praecis hereunder all out-of-pocket costs incurred by Schering in connection with the such filing, prosecution and maintenance of the Praecis Patents pursuant to this Section 13.6. All Patent Expenses with respect to Praecis Patents incurred by Praecis, and by Schering to the extent provided in this Section 13.6, shall be borne by Praecis.
Patent Prosecution and Expenses. FWT shall prosecute and maintain the Patents and Sapientia shall have the right to contribute to, review and opine on the patent prosecution. All costs and expenses attributed to the prosecution and maintenance of the Patents, the financial obligations of Rxxxxx X. Xxxxxxxx and Dxxxxxx X. Xxxxxx set forth in Exhibit B, and this Agreement, including attorney fees and costs shall be promptly paid by Sapientia or, if paid by FWT, shall be promptly reimbursed by Sapientia to FWT.
Patent Prosecution and Expenses. 11.1 Upon disclosure to COULTER of a Technology developed within the Division, patent counsex [*]:
Patent Prosecution and Expenses. Subject to its rights and obligations elsewhere set forth in this Section 6.07 and consistent with the timing requirements set forth in Section 6.03(c) hereof, LIGAND shall reimburse FOUNDATION and/or SRI for such reasonable patent filing, prosecution, and maintenance costs, including costs on a per hour basis for time spent by inventors and staff who cooperate in such activities at the request of the responsible attorney acting for FOUNDATION and/or SRI, as shall be incurred on each Licensed Patent during the term of such license. In this regard, FOUNDATION and/or SRI may continue to use the patent attorneys or agents being used by them at the time LIGAND exercises its option or such other qualified independent patent attorneys or agents reasonably satisfactory to FOUNDATION and or SRI and LIGAND to file, prosecute and maintain Licensed Patents; provided, however, that in the case where a LIGAND or JV or ALRT owned patent or patent application or that of a LIGAND or JV or ALRT licensor other than FOUNDATION and/or SRI ("the Ligand Application") claims the same or substantially the same invention as that covered by the application within the Licensed Patents (the "Foundation/SRI Application"), and the Foundation/SRI Application has a later effective filing date in the United States, then LIGAND shall have no obligation to reimburse costs incurred in the prosecution of the Foundation/SRI Application, unless and until it is finally determined that the Foundation/SRI Application has priority over the Ligand Application in an inter partes proceeding as provided in Title 35 of the United States Code or in an informal proceeding as provided in this Section 6.07. After LIGAND has exercised its option: (i) FOUNDATION and/or SRI may elect to have such attorney xxxx LIGAND directly for such expenses; (ii) at LIGAND's request and expense, such attorneys or agents shall regularly meet and/or consult with LIGAND and/or its designated officers and counsel to keep them advised of the status of patent matters in the normal course;
Patent Prosecution and Expenses. GENZYME and VIACELL shall cooperate fully in the preparation, filing, prosecution and maintenance of intellectual property rights in Research Program Inventions. GENZYME, at its sole expense, shall be responsible for preparing, filing, prosecuting and maintaining United States and foreign patent applications claiming GENZYME Inventions. VIACELL, at its sole expense, shall be responsible for preparing, filing, prosecuting and maintaining United States and foreign patent applications claiming VIACELL Inventions. The Parties shall mutually agree as to which of them shall be responsible for preparing, filing, prosecuting and maintaining each patent application or patent claiming a Joint Invention and the costs shall be shared equally. With respect to Joint Inventions, the parties shall consult with each other regarding strategy and shall furnish to each other copies of all relevant documents in good time for the party not bearing responsibility to review and comment upon. If one party (a First Party) notifies the other party that it does not wish to file or pay its share of the costs of filing, prosecuting or maintaining an application or patent claiming any Joint Invention, then the other party may file, prosecute or maintain such application or patent at its sole expense and in its own name and thereafter the First Party shall have no rights therein.
Patent Prosecution and Expenses. 20.1 Subject to the following paragraphs of this clause, each Party or their designated representative will prosecute applications corresponding to their respective patents and maintain foreign patents issuing thereon. Each Party shall retain the sole right to elect counsel for prosecution of the their patents. Such applications will be filed in all countries deemed necessary to protect the patents, prior to 1-year form the filing date to protect the United States priority date.
