PATENTING Sample Clauses
PATENTING. Upon request of Lessee at any time or times during the term of this Lease, Lessors agree to undertake and obtain patent to any or all of the mining claims or millsite claims which are subject to this Lease, as designated by Lessee, and Lessee shall prepare all documents and compile all data and comply in all respects with the applicable law, all at the expense of Lessee. Any patent issued shall be in Lessors' names, or in a name designated by Lessors. Lessors shall execute any and all documents required for this purpose and shall cooperate fully with Lessee in the patent application and proceedings subsequent thereto. If Lessors begin or have begun patent proceedings and Lessee thereafter or hereafter requests Lessors to discontinue such proceedings, or if this Lease is terminated while patent proceedings are pending, Lessee shall have no further obligations with respect thereto, except to pay any unpaid expenses accrued in such proceedings prior to its request to discontinue, or prior to termination, whichever occurs first.
PATENTING. 12.1 ProTides acknowledges that BioMed will be entitled at any time and in its sole discretion to prepare and file:
12.1.1 in the name of ProTides, [***] (“Compound Divisionals”); and
12.1.2 in its own name, patent applications for any patentable inventions comprised within the Research IP.
12.2 ProTides will promptly:
12.2.1 on BioMed’s request [***] provide (and ensure that all inventors named on the Compound Patents or the Research Patents (as the case may be) provide) to BioMed all information, documentation and assistance (including executing documents) which BioMed may reasonably require to enable it to file any Compound Divisionals and/ or the Research Patents;
12.2.2 on BioMed’s request [***] provide (and use reasonable endeavours to ensure that all inventors named on the Compound Patents or the Research Patents (as the case may be) provide) to BioMed all information, documentation and assistance (including executing documents) which BioMed may reasonably require to enable it to prosecute any Compound Divisionals and/ or the Research Patents; and.
12.2.3 following the Commencement Date [***] take all steps necessary to (in so far as not already undertaken prior to the Commencement Date):
(a) obtain written confirmatory assignments from each inventor named on the patent applications listed in Part 1 of the Schedule of all rights in and to such patent applications; and
(b) record and register the assignation of the whole right, title and interest in and to the Compound Patents from [***] to ProTides at all appropriate patent offices. BioMed will on ProTides’ request use its [***] endeavours to assist ProTides to undertake the actions specified in paragraphs (a) and (b) above, however the responsibility for fulfilling the obligations remains solely with ProTides.
12.3 ProTides will keep BioMed regularly informed regarding its progress with its obligations under this Clause and will promptly confirm to BioMed in writing once these obligations have been fulfilled.
12.4 BioMed will subject to ProTides timeously fulfilling its obligations under Clause 12.2 during the period of this Agreement at [***]:
12.4.1 prosecute and maintain [***];
12.4.2 use its [***] endeavours to obtain the maximum possible protection [***];
12.4.3 as and when appropriate file applications for supplementary protection certificates and other extensions of term [***]; and
12.4.4 ensure that all filing and renewal fees necessary to prosecute and maintain [***] are paid timeously.
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PATENTING. 8.1. The Parties represent that, by law or contract, they will own their Agents’ interest in any inventions falling within the scope of this Agreement.
8.2. Without prejudice to NRC's rights to the sole ownership, 22nd Century shall prepare, file, prosecute and maintain the Patent Rights in the Territory, in NRC’s name, and to the extent 22nd Century desires, including on a country-by-country basis, at 22nd Century’s sole and absolute discretion. 22nd Century shall control and be responsible for, using agents (patent counsels, patent attorneys or lawyers) of 22nd Century’s choice, and shall bear all fees, costs and expenses for, including filing, prosecution and maintenance fees, such patent work.
8.3. 22nd Century shall provide to NRC draft application filings and other documents far enough in advance of submission to the applicable patent office to allow NRC to comment, and shall incorporate any reasonable comments and recommendations with respect to such documents, including comments on claims and claim language, provided by NRC.
8.4. 22nd Century shall not abandon any patent application filed or issued patent in the Patent Rights without prior written notice to NRC. Such notice shall be given well in time for NRC to take actions necessary to maintain the subject patent application or patent at NRC’s own discretion and at NRC’s own expense.
8.5. NRC shall have the right to file, at its own cost, for patent protection in the countries where 22nd Century has no interest in paying for or filing such protection for any of the Patent Rights. NRC shall notify 22nd Century of any such filings.
8.6. Each Party will cooperate fully with the other Party in completing and filing patent applications, in supplying information for such applications, and in the preparation of necessary documents for filing assignments and for the prosecution of patent applications for any of the Patent Rights. The Parties will keep each other informed of all patent decisions and prosecution activities for the Patent Rights.
PATENTING. LICENSEE and LICENSOR agrees to disclose all LICENSE IMPROVEMENTS to each other within three (3) months after the IMPROVEMENT has been invented, developed, discovered or otherwise acquired by LICENSOR and/or LICENSEE. Such disclosure to be of sufficient technical detail to enable each party to practice such LICENSE IMPROVEMENT.
PATENTING. The Consulting Agreement is silent about the protection and patenting of intellectual property. This reflects the intended scope of services to be provided. The probability of invention will be low. If the definition of Intellectual Property is narrow, there is no need for a provision on patents. The broader definition raises the risk that inventions, if they arise, will be assigned to the Company. Without provisions allocating responsibility for patents, the Company will control the process as to any invention assigned to it.
PATENTING. For purposes of Patenting:
(a) The University shall, if and as required, retain a patent agent acceptable to the Licensee.
(b) The University shall be responsible for undertaking itself, or directing its patent agent to undertake on its behalf, such activities as are determined appropriate by the University.
(c) The University shall, and shall instruct its patent agent to, copy all correspondence, documents and other materials relevant to Patenting activities to a representative of the Licensee appointed by the Licensee for such purpose.
(d) The University shall consult with the Licensee on all aspects of Patenting and, subject to the following provisions of this section 5.5, accept and act on all of the Licensee’s related and reasonable recommendations except that the University shall retain sole and unfettered discretion to make decisions related to the abandonment of any claim of a Licensed Patent or the amendment of any said claim that would restrict its scope.
(e) Subject to subsection 5.5(f), all costs of Patenting incurred by the University during the Term shall be reimbursed by the Licensee within thirty (30) days after the University’s delivery of an invoice(s)
PATENTING. A. BATTELLE shall have the sole right and discretion to file, prosecute, maintain, reexamine, and participate in any proceedings before a patent office, domestic or foreign, for all of the Patents, and shall have the right to determine whether or not, and where, to file a patent application, to abandon the prosecution of any patent application, or to discontinue the maintenance of any Patents. BATTELLE may consult with OPTIONEE regarding Patent filings and OPTIONEE will notify BATTELLE within fifteen (15) days of notice from BATTELLE regarding foreign filings, if any, and OPTIONEE’s willingness to include such filings in the definition of Patents under this Agreement.
B. OPTIONEE agrees to inform BATTELLE of any evidence it may have of Patent infringement during the Option Term.
PATENTING. 7.1 CureVac shall have the sole right, but not the obligation, to prepare, file, prosecute and maintain Patent Rights for (a) CureVac Improvements and Other Foreground IP, and (b) upon exercise of the Exclusive Option by CureVac, the acquired R&D Project IP, in each case of (a) and (b) at CureVac’s sole cost and expense. CureVac shall have the sole right, but not the obligation, to enforce and defend worldwide under its control, at its own expense, such Patent Rights.
7.2 myNEO shall have the sole right, but not the obligation, to prepare, file, prosecute and maintain Patent Rights for myNEO Improvements worldwide, at myNEO’s sole cost and expense. myNEO shall have the sole right, but not the obligation, to enforce and defend worldwide under its control, at its own expense, such Patent Rights.
PATENTING