Patent Prosecution and Maintenance Sample Clauses
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Patent Prosecution and Maintenance. 8.1 Subject to the remaining Sections of this Article 8, LICENSEE shall bear the cost of all reasonable, documented patent expenses, [***], associated with the preparation, filing, prosecuting, issuance and maintenance of U.S. Patent applications and U.S. Patents included within the PATENT RIGHTS. Such filings and prosecution corresponding to UNIVERSITY INVENTIONS shall be by counsel of UNIVERSITY’s choosing and shall be in the name of UNIVERSITY. UNIVERSITY shall keep LICENSEE advised as to the prosecution of such applications by forwarding, and directing UNIVERSITY’s patent counsel to forward, to LICENSEE copies of all official correspondence, (including, but not limited to, Applications, Office Actions, responses, etc.) relating thereto. LICENSEE shall have the right to comment and advise UNIVERSITY and its counsel as to the conduct of such prosecution and maintenance, provided, however, that UNIVERSITY shall have the right to make the final decisions for all matters associated with such prosecution and maintenance. Notwithstanding the foregoing, UNIVERSITY shall not abandon prosecution of any patent application or maintenance of any issued patent without first, to the extent reasonably possible, giving LICENSEE notice at least [***] ([***]) days prior to the date on which such patent application or patent will become abandoned, and shall allow LICENSEE to assume prosecution of any such patent application, or maintenance of any such patent, at LICENSEE’s own expense and with counsel of its choosing and with LICENSEE having the final decision for all matters associated with prosecution and maintenance. If LICENSEE assumes prosecution of any such patent application or maintenance of any such patent, LICENSEE’s obligations for payment under Article 3 based upon such patent application or patent shall terminate at the time that LICENSEE assumes prosecution or maintenance of such patent.
8.2 UNIVERSITY shall, [***], keep LICENSEE apprised in writing and in advance of incurring any costs with respect to the filing, prosecution, and or maintenance of any PATENT RIGHTS. By concurrent written notification to UNIVERSITY, LICENSEE may elect not to pay expenses associated with prosecuting or maintaining any U.S. PATENT RIGHTS corresponding to UNIVERSITY INVENTIONS, provided that LICENSEE pays for all reasonable, documented costs incurred up to UNIVERSITY’s receipt of such notification, to the extent LICENSEE was provided reasonable advance notice of such costs (or ...
Patent Prosecution and Maintenance. 17.1 As long as the Licensee has paid patent costs as provided for in this Article, The Regents shall diligently endeavor to prosecute and maintain the United States and foreign patents comprising Regents' Patent Rights using counsel of its choice, and The Regents shall provide the Licensee with copies of all relevant documentation so that the Licensee may be informed of the continuing prosecution and the Licensee agrees to keep this documentation confidential. The Regent' counsel will take instructions only from The Regents, and all patents and patent applications under this Agreement will be assigned solely to The Regents.
17.2 The Regents shall use all reasonable efforts to amend any patent application to include claims reasonably requested by the Licensee to protect the products contemplated to be sold under this Agreement.
17.3 The Licensee shall apply for an extension of the term of any patent included within Regents' Patent Rights if appropriate under the Drug Price Competition and Patent Term Restoration Act of 1984 and/or European, Japanese and other foreign counterparts of this Law. The Licensee shall prepare all documents, and The Regents agrees to execute the documents and to take additional action as the Licensee reasonably requests in connection therewith.
17.4 If either party receives notice pertaining to infringement or potential infringement of any issued patent included within Regents' Patent Rights under the Drug Price Competition and Patent Term Restoration Act of 1984 (and/or foreign counterparts of this Law), that party shall notify the other party within ten (10) days after receipt of notice of infringement.
17.5 The Licensee shall bear the costs of preparing, filing, prosecuting and maintaining all United States and foreign patent applications contemplated by this Agreement. Costs billed by The Regents' counsel will be rebilled to the Licensee and are due within thirty (30) days of rebilling by The Regents. These costs include patent prosecution costs for the Invention incurred by The Regents prior to the execution of this Agreement and any patent prosecution costs that may be incurred for patentability opinions, re-examination, re-issue, interferences, or inventorship determinations. Prior costs will be due on execution of this Agreement and billing by The Regents and are at least approximately $7,798.00.
17.6 The Licensee may request The Regents to obtain patent protection on the Invention in foreign countries if available and if ...
Patent Prosecution and Maintenance. (a) Bioverativ shall have the sole right to prosecute and maintain the Bioverativ Shared Patents. Bioverativ shall provide Biogen with a reasonable opportunity to comment on all draft filings for the Bioverativ Shared Patents prior to their submission to the relevant patent authority. Should Bioverativ decide that it is no longer interested in maintaining or prosecuting a particular Bioverativ Shared Patent, it shall promptly advise Biogen, and Biogen may assume such prosecution and maintenance at its sole expense. If Biogen assumes prosecution or maintenance of any Bioverativ Shared Patent pursuant to the immediately preceding sentence, then Bioverativ shall promptly assign all of its right, title and interest therein to Biogen for no further consideration and such patent shall thereafter not be considered a Bioverativ Shared Patent for purposes hereunder. Biogen shall list Bioverativ Shared Patents applicable to any products on the packaging therefor, subject in all respects to all applicable Laws and regulations and requirements of any applicable Regulatory Authority.
(b) Biogen shall have the sole right to prosecute and maintain the Biogen Shared Patents, to the extent it has the rights to do so. Biogen shall provide Bioverativ with a reasonable opportunity to comment on all draft filings for the Biogen Shared Patents prior to their submission to the relevant patent authority. Should Biogen decide that it is no longer interested in maintaining or prosecuting a particular Biogen Shared Patent, it shall promptly advise Bioverativ, and Bioverativ may assume such prosecution and maintenance at its sole expense. If Bioverativ assumes prosecution or maintenance of any Biogen Shared Patent pursuant to the immediately preceding sentence, then Biogen shall promptly assign all of its right, title and interest therein to Bioverativ for no further consideration and such patent shall thereafter not be considered a Biogen Shared Patent for purposes hereunder. Bioverativ shall list Biogen Shared Patents applicable to Bioverativ Products on the packaging therefor, subject in all respects to all applicable Laws and regulations and requirements of any applicable Regulatory Authority.
(c) All the prosecution expenses related to Bioverativ Shared Patents shall be borne by Bioverativ, and all the prosecution expenses related to Biogen Shared Patents shall be borne by Biogen.
(d) At the reasonable request of the Party responsible for prosecution as set forth under this Sect...
Patent Prosecution and Maintenance. From and after the date of this Agreement, the provisions of this Section 3 shall control the prosecution and maintenance of any patent application and any patent included within Scripps Patent Rights. Subject to the requirements, limitations, and conditions set forth in this Agreement, Scripps shall direct and control (i) the preparation, filing, and prosecution of the United States and foreign patent applications within Scripps Patent Rights (including any interferences and foreign oppositions) and (ii) maintain the patents issuing therefrom. Scripps shall select the patent attorney, which may be independent outside counsel specialized in the Field, subject to Licensee's written approval, which approval shall not be unreasonably withheld. Both parties hereto agree that Scripps may, at its sole discretion, utilize Scripps's Office of Patent Counsel in lieu of independent counsel for patent prosecution and maintenance described herein, and the fees and expenses incurred by Scripps with respect to work done by such Office of Patent Counsel shall be paid as set forth below. Licensee shall have full rights of consultation with the patent attorney so selected on all matters relating to Scripps Patent Rights. Scripps shall use its best efforts to implement all reasonable requests made by Licensee with regard to the preparation, filing, prosecution and/or maintenance of the patent applications and/or patents within Scripps Patent Rights.
Patent Prosecution and Maintenance. From and after the date of this Agreement, the provisions of this Section 8 (Patent Matters) shall control the prosecution and maintenance of any patent included within Licensed Patent Rights. Subject to the requirements, limitations and conditions set forth in this Agreement, TSRI shall (a) direct and control the preparation, filing and prosecution of the United States and foreign patent applications within Licensed Patent Rights (including any reissues, reexaminations, appeals to appropriate patent offices and/or courts, interferences and foreign oppositions); and (b) maintain the patents issuing therefrom. TSRI shall select the patent attorney, subject to Licensee’s written approval, which approval shall not be unreasonably withheld. Both parties hereto agree that TSRI may, at its sole discretion, utilize TSRI’s Office of Patent Counsel in lieu of or in addition to independent counsel for patent prosecution and maintenance described herein, and the fees and expenses incurred by TSRI with respect to work done by such Office of Patent Counsel and/or independent counsel shall be paid as set forth below. Licensee shall have full rights of consultation with the patent attorney so selected on all matters relating to Licensed Patent Rights. TSRI shall use its best efforts to implement all reasonable and timely requests made by Licensee with regard to the preparation, filing, prosecution and/or maintenance of the patent applications and/or patents within Licensed Patent Rights. So long as Licensee agrees to pay, and in fact pays, costs in accordance with the provisions of this Section 8 (Patent Matters), TSRI shall apply for, prosecute and maintain such patents and obtain such Licensed Patent Rights as Licensee shall reasonably request.
Patent Prosecution and Maintenance. (a) INX shall be responsible for and shall control the preparation, filing, prosecution, grant and maintenance (collectively "Patent Management") of all INX Patent Rights, using patent counsel reasonably acceptable to WLV. Whenever reasonably feasible INX shall consult with WLV as to the preparation, filing, prosecution, and maintenance of all INX Patent Rights reasonably prior to any deadline or action with the United States Patent & Trademark Office or any foreign patent office and whenever reasonably feasible shall furnish WLV with drafts of relevant documents reasonably in advance of consultation. WLV shall have the right to review and comment on such patent applications and prosecution documents prior to filing in the United States and abroad. INX and WLV agree to cooperate with each other during the patent application and prosecution process by executing papers and providing assistance, data, information, and research records. INX and WLV also agree to cooperate in the event the extension of any patent term is sought under 35 U.S.C. 156 (Patent Term Restoration). These cooperation provisions shall survive the termination or expiration of this Agreement. Failure of INX to afford WLV prior consultation and review of documents shall not constitute material breach of this Agreement.
(b) WLV shall reimburse INX for fifty percent (50%) of its expenses incurred after the Effective Date in connection with such Patent Management of INX Patent Rights. In the event that WLV elects not to reimburse INX for expenses associated with filing, prosecuting or maintaining a given patent application or patent in a particular country, then such patent application or patent in that country only shall not be part of the INX Patents Rights and no license is granted to WLV under such patent application or patent in that country pursuant to this Agreement.
(c) if INX elects not to file for patent protection in a particular country including the United States, or if INX elects not to continue with the prosecution or maintenance of a given patent or patent application or claim within an application, then WLV may request that INX proceed and INX hereby agrees to do so. One hundred percent (100%) of expenses incurred by INX in connection with proceeding in accordance with such request shall be reimbursed by WLV and the patent will be owned by INX and licensed to WLV under this agreement.
(d) at its own expense WLV shall be responsible for and shall control the preparation, filing...
Patent Prosecution and Maintenance. (a) Each Party shall file and prosecute Patent Applications and maintain Patents in a manner consistent with optimizing Patent protection on Inventions and other inventions Controlled by Nektar or Aerogen that are disclosed and/or claimed in the Nektar Patent Rights. Each Party shall cause its patent counsel to confer no less frequently than once each calendar quarter regarding the status of all such Patent Applications and Patents for which it is responsible under this Section 11.3, and whether and in which countries foreign counterparts of such Patent Applications and Patents shall be filed. The Parties shall set the location, date, time and type of meeting (either in person, by teleconference, or by videoconference) so as to be mutually agreeable to the patent counsel of each Party.
(i) [***] of and be responsible for filing, prosecuting and maintaining Patents and Patent Applications claiming inventions it Controls as of the Effective Date and those it Controls that arise outside the Parties’ performance pursuant to this Agreement, and Patents and Patent Applications on Inventions it solely owns under the Agreement. If Nektar does not wish to file, prosecute or maintain any such Patent Applications or Patents that relate to [***] in any country, Nektar shall give Bayer reasonable written notice to such effect and shall ▇▇▇▇▇ ▇▇▇▇▇ any necessary authority to file, prosecute and maintain such Patent Applications or maintain such a Patent in Bayer’s own name and at Bayer’s sole expense. In such event, Nektar shall assign its entire right, title and interest in and to such Patent Applications or Patents in that country to Bayer. Notwithstanding the foregoing, after the Effective Date, Nektar shall file Patent Applications included within the Nektar Patent Rights in at least the countries and regions listed in Exhibit 11.3(a)(i). Nektar shall give Bayer reasonable written notice of the countries and regions in which it will file such Patent Applications in order to permit Bayer reasonable time to file such Patent Applications in any country in which Nektar will not be filing. If Bayer wishes to file such Patent Applications in any additional countries, Nektar shall provide Bayer with copies of any documents necessary to conduct such filings and shall ▇▇▇▇▇ ▇▇▇▇▇ any necessary authority to file, prosecute and maintain such Patent Applications in Bayer’s own name and at Bayer’s sole expense. In such event, Nektar shall assign its entire right, title and inter...
Patent Prosecution and Maintenance. 14.1. Rutgers shall diligently prosecute and maintain the United States pending patent {00055541.1 / 002795} applications and issued patents comprising the Rutgers’ Patent Rights using counsel of its choice. Rutgers' counsel shall take instructions only from Rutgers. Prior to making filings, and providing reasonable time for Licensee to comment and consult with Rutgers, Rutgers shall keep Licensee informed and apprised of the continuing prosecution of Rutgers’ Patent Rights. Licensee agrees to keep this documentation confidential.
14.2. Rutgers shall give due consideration to amending any patent application to include claims reasonably requested by Licensee to protect the Licensed Products contemplated to be sold under this Agreement. If Rutgers elects not to file any patent application included within the Rutgers’ Patent Rights in any country, or decides to abandon any pending application or issued patent the Rutgers’ Patent Rights in any country, then Rutgers shall provide reasonable advance written notice to Licensee, and Licensee shall have the right at its sole expense to assume control of the preparation, filing, prosecution and maintenance of such patent application or patent at its own expense (provided Rutgers shall remain the owner thereof).
14.3. All unreimbursed costs incurred by Rutgers after the Effective Date for preparing, filing, prosecuting and maintaining the patent applications and/or patents included within the Rutgers’ Patent Rights, including but not limited to patent applications and patents covered by Rutgers’ Patent Rights and included pursuant to Section 14.4 shall be borne by Licensee. Such costs shall be payable by Licensee within thirty (30) days of the billing date. If Licensee fails to pay patent costs in a timely manner as required in this Section, Rutgers may, at its discretion, require Licensee to pay estimated patent costs in advance as a condition for maintaining this license. If Rutgers licenses the Rutgers’ Patent Rights to a third party licensee(s), then Licensee and such third party licensee(s) shall each share in such patent costs incurred after the dates of such third party license(s). In principle, such sharing shall be pro rata, so long as the relative markets and scope of license of this License and such third party license(s) are approximately the same; if not, Rutgers reserves the right to make an equitable allocation of patents costs among licensees. Should a situation arise, where protection of the patent r...
Patent Prosecution and Maintenance. (a) Provided that LICENSEE has reimbursed or agreed to reimburse THE REGENTS for Patent Costs pursuant to Paragraph 3.2, THE REGENTS shall diligently prosecute and maintain the United States and, if available, foreign patents, and applications in Patent Rights using counsel of its choice. THE REGENTS shall provide LICENSEE with copies of all relevant documentation relating to such prosecution and LICENSEE shall keep this documentation confidential. The counsel shall take instructions only from THE REGENTS, and all patents and patent applications in Patent Rights shall be assigned solely to THE REGENTS, however, THE REGENTS agrees to reasonably consult with LICENSEE regarding patent prosecution decisions, including choice of counsel, and to make best efforts to consider business interests expressed of LICENSEE in making such decisions, to the extent that no conflict exists with legitimate requirements of THE REGENTS. LICENSEE shall not be responsible for reimbursement of THE REGENTS for costs of patent prosecution in countries outside Territory of this Agreement.
(b) THE REGENTS shall consider amending any patent application in Patent Rights to include claims reasonably requested by LICENSEE to protect the products contemplated to be sold by LICENSEE under this Agreement.
(c) LICENSEE shall apply for an extension of the term of any patent in Patent Rights if appropriate under the Drug Price Competition and Patent Term Restoration Act of 1984 and/or European, Japanese and other foreign counterparts of this law. LICENSEE shall prepare all documents for such application, and THE REGENTS shall execute such documents and to take any other additional action as LICENSEE reasonably requests in connection therewith.
(d) LICENSEE may elect to terminate its reimbursement obligations with respect to any patent application or patent in Patent Rights upon three (3) months' written notice to THE REGENTS. THE REGENTS shall use reasonable efforts to curtail further Patent Costs for such application or patent when such notice of termination is received from LICENSEE. THE REGENTS, in its sole discretion and at its sole expense, may continue prosecution and maintenance of said application or patent, and LICENSEE shall then have no further license with respect thereto. Non-payment of any portion of Patent Costs with respect to any application or patent may be deemed by THE REGENTS as an election by LICENSEE to terminate its reimbursement obligations with respect to such applica...
Patent Prosecution and Maintenance. For all Institute-Funded Inventions for which patent protection is pursued, RECIPIENT shall provide an annual written report to the INSTITUTE regarding the status of pending applications and issued patents that are Institute-Funded IPR.