Common use of Publication of Results Clause in Contracts

Publication of Results. Any manuscript or other public disclosure by Symyx or TDCC describing the scientific results of the Research Program to be published within the Research Program Term, or within one (1) year after the end of the Research Program, shall be provided to the other party for review at least ninety (90) days prior to its submission, except that patent applications which may be published shall be subject only to the review described in Section 7.5. Further, to avoid the loss of patent rights as a result of premature public disclosure of patentable information, the reviewing party may, within thirty (30) days of receiving such a proposed disclosure, notify the publishing party in writing that the reviewing party desires to file a patent application on any invention disclosed in such scientific results, in which case the publishing party shall withhold publication or disclosure of such scientific results until the earlier of (i) the time the patent application is filed thereon, (ii) the time the parties both determine, after consultation, that no patentable invention exists, or (iii) ninety (90) days after the publishing party received notice of the reviewing party's desire to file such patent application. Further, if such scientific results contain Confidential Information of the reviewing party that is subject to the use and nondisclosure restrictions under this Article 9, the publishing party agrees to remove such Confidential Information from the proposed publication or disclosure.

Publication of Results. Any manuscript or other public disclosure by Symyx or TDCC describing the scientific results of the Research Program to be published within the Research Program Term, or within one (1) year after the end of the Research Program, shall be provided to the other party for review at least ninety (90) days prior to its submission, except that patent applications which may be published shall be subject only to the review described in Section 7.5. Further, to avoid the loss of patent rights as a result of premature public disclosure of patentable information, the reviewing party may, within thirty (30) days of receiving such a proposed disclosure, notify the publishing party in writing that the reviewing party desires to file a patent application on any invention disclosed in such scientific results, in which case the publishing party shall withhold publication or disclosure of such scientific results until the earlier of (i) the time the patent application is filed thereon, (ii) the time the parties both determine, after consultation, that no patentable invention exists, or (iii) ninety (90) days after the publishing party received notice of the reviewing party's ’s desire to file such patent application. Further, if such scientific results contain Confidential Information of the reviewing party that is subject to the use and nondisclosure restrictions under this Article 9, the publishing party agrees to remove such Confidential Information from the proposed publication or disclosure.