Common use of PATENT PROTECTION Clause in Contracts

PATENT PROTECTION. The Section applies in the case of any Joint Research Results, as well as when Sponsor elects to both support the filing of patent applications and to negotiate an exclusive or nonexclusive commercial use license in disclosed UMD Research Results, as per Section VI.B.1 above. Within sixty (60) days of either receipt of Sponsor’s election under VI.B above, or receipt by one Party of written notice from the other of the existence of Joint Research Results, the Parties shall agree on the scope of patent applications arising thereunder, where to file such applications, and which Party will serve as the lead for all matters related to the preparation, filing, defense, and maintenance of the corresponding patent application and resulting patents (“Patent Process”). The lead Party will be responsible for selecting patent counsel, subject to the other Party’s consent; preparing and submitting all filings, subject to a duty of meaningful prior consultation with the other Party; providing written notice to the other Party of Patent Process actions; and providing copies of all documents submitted and/or received in connection with the Patent Process within thirty (30) days of the date of such actions and/or receipt or submission of documents. The lead Party will not modify the scope of any patent application or change patent counsel without the prior written approval of the other Party. The other Party agrees to cooperate with and assist the lead Party throughout the Patent Process. In the event that the lead Party is the UMD and the Sponsor fails to execute required papers at the UMD’s request, Sponsor hereby irrevocably appoints any duly authorized official of UMD as Sponsor’s attorney-in-fact to sign any and all such papers. Sponsor shall be responsible for all costs related to the Patent Process unless otherwise agreed to by the Parties in writing.