Patent Prosecution & Maintenance. Patent prosecution and maintenance of the CareFusion Patents shall he Controlled by CareFusion. Licensee shall be responsible for all costs and fees in respect thereof; provided, however, that in the event CareFusion has other third party licensees of any CareFusion Patents, Licensee shall only be responsible for a prorated portion of the costs and fees for each such CareFusion Patent based on the total number of licensees of CareFusion for such CareFusion Patent. Licensee shall pay to CareFusion such amounts within thirty (30) days of invoice therefor.
Patent Prosecution & Maintenance. (a) All patent applications falling under the definition of POOLED PATENTS which are owned solely by YALE herein shall be prepared, prosecuted, filed and maintained by patent counsel chosen by YALE and reasonably acceptable to LICENSEE. Said patent counsel shall be ultimately responsible to YALE but YALE shall consult with LICENSEE on all matters associated with the preparation, prosecution, filing and maintenance of such patent applications though the ultimate decision making authority on such matters shall reside with YALE.
Patent Prosecution & Maintenance. OWNER will determine, in its discretion, whether and in what manner to file, prosecute, obtain, register and maintain LICENSED PATENTS, and patent applications and patents on IMPROVEMENTS (“PATENT PROSECUTION”). OWNER agrees to use reasonable efforts to file and prosecute patent applications and maintain LICENSED PATENTS. OWNER will keep LICENSEE reasonably informed of their filing, prosecution and maintenance activities and where practical, will give LICENSEE the opportunity to comment on major decisions concerning such activities. To the extent OWNER elects to conduct PATENT PROSECUTION, OWNER will be financially responsible for all fees associated with such PATENT PROSECUTION.
Patent Prosecution & Maintenance. Each party shall control all aspects of filing, prosecuting, and maintaining its Patents, including foreign filings and Patent Cooperation Treaty filings. Each Party shall notify the other party of all information received by it relating to the filing, prosecution and maintenance of Patents, including any lapse, revocation, surrender, invalidation or abandonment of any of its Patents. AVECOR shall, at its own expense, perform all actions and execute or cause to be executed all documents necessary to support such filing, prosecution, or maintenance of both the MC3 and AVECOR Patents..
Patent Prosecution & Maintenance. (a) Licensors shall be responsible for preparing, filing and prosecuting U.S. and foreign patent applications and maintaining U.S. and foreign patents included in the Licensed Patents; provided, however, that all decisions relating to the prosecution of the Licensed Patents shall be made by Licensee after consultation with, and where appropriate to protect Licensors' rights and interests, the consent of, Licensors.
Patent Prosecution & Maintenance. OWNER will determine, in its discretion, whether and in what manner to file, prosecute, obtain, register and maintain LICENSED PATENTS, and patent applications and patents on IMPROVEMENTS (“PATENT PROSECUTION”). OWNER agrees to use reasonable efforts to file and prosecute patent applications and maintain LICENSED PATENTS. OWNER will keep LICENSEE reasonably informed and provided the opportunity to comment on major decisions concerning such activities. At the end of each calendar year, OWNER will provide LICENSEE a summary of the LICENSED PATENTS portfolio, an updated Schedule 1.1.21, and make available to LICENSEE one intellectual property attorney working for OWNER who can answer questions about the LICENSED PATENTS portfolio and provide a non-binding projection of how OWNER will handle the portfolio in the next calendar year. To the extent OWNER elects to conduct PATENT PROSECUTION, OWNER will be financially responsible for all fees associated with such PATENT PROSECUTION.
Patent Prosecution & Maintenance. 8.01 Subject to the provisions herein, WRF shall prosecute and maintain the Patent Rights, using counsel of its choice, and be solely responsible for payment of direct costs associated therewith.
Patent Prosecution & Maintenance and Defense of Licensee Solely-Owned Arising Patents. Licensee has the sole right (but not the obligation) to prepare, file, prosecute, maintain and defend all Licensee Solely-Owned Arising Patents, including in connection with any related interference, re-issuance, re-examination and opposition proceedings, at Licensee’s sole cost and expense, using counsel of its own choice.
Patent Prosecution & Maintenance. 7.3.1 Each Party agrees promptly to provide to the other Party a complete written disclosure of any Invention made by such Party. Paieon shall determine whether any Invention owned solely by Paieon is patentable, and if so, shall, in its sole discretion, determine whether or not to proceed with the preparation and prosecution of a patent application covering any such Invention. Volcano shall determine whether any Invention owned solely by Volcano is patentable, and if so, shall, in its sole discretion, determine whether or not to proceed with the preparation and prosecution of a patent application covering any such Invention. Each Party shall cooperate with the other Party and provide consultation and assistance as may be necessary in the preparation, prosecution, maintenance and enforcements of the other Party’s patents covering the other Party’s Inventions.
Patent Prosecution & Maintenance. SPI and/or SAG shall file, prosecute, acquire and maintain the Licensed Patents and the Licensed Trademarks at their sole expense. SPI and/or SAG shall pursue all possible patent protection for their patentable inventions that are necessary for or useful to the Development, Commercialization and manufacture of the Product for the Initial Indications and, if applicable, Additional Indications and/or New Formulations in the Initial Territory. If necessary, SPI and SAG shall consult with Takeda regarding the prosecution of all Licensed Patents and patent strategy for the Product for the Initial Indications and, if applicable, Additional Indications and/or New Formulations in the Initial Territory and shall comply with Takeda’s requests with regard to the same in furtherance of the goal of obtaining the maximum possible patent protection for the Product for the Initial Indications and, if applicable, Additional Indications and/or New Formulations in the Initial Territory.
