Common use of Patent Registration Clause in Contracts

Patent Registration. Licensor shall have the right, but not the obligation, to seek patent registration or other protection under the patent laws of the United States or any foreign jurisdiction, at its own expense, regarding patentable Improvements developed by Licensor, its Affiliates, and/or its contractors. Licensee shall have the right, but not the obligation, to seek patent registration or otherwise to seek or maintain protection under the patent laws of the United States or of any foreign jurisdiction, at its own expense, with regard to any inventions discovered, conceived, designed, reduced to practice, or otherwise developed by Licensee or any individuals employed or otherwise contracted by or on behalf of Licensee. If, after any appointment of a trustee-in-bankruptcy or court-appointed receiver of the assets or business of Licensor, Licensor (or such trustee or receiver) or its applicable Affiliate does not elect to seek patent registration or other protection available under United States law within ninety (90) days of the discovery and/or development of any Improvement(s) developed by Licensor and/or any of its Affiliates, or at least sixty (60) days prior to the running of any provisional application or any period of protection under the U.S. patent laws, Licensee shall have the right to pursue such patent protection for the sole benefit and on behalf of Licensee, and Licensor and its Affiliates agree to cooperate fully with Licensee's efforts. If Licensor or any of its Affiliates determines that it will not seek patent protection for any Improvement(s) with respect to which it has the right to obtain such protection, Licensor shall notify Licensee of such determination promptly, and, in any event, so as not to prejudice Licensee's ability to obtain such patent protection if Licensee desires in its sole discretion to seek it, and Licensee shall have the right to pursue such patent protection for the sole benefit and on behalf of Licensee.

Appears in 2 contracts

Sources: Exclusive License Agreement (Smoky Market Foods Inc), Exclusive License Agreement (Smoky Market Foods Inc)