Prosecuting Party definition

Prosecuting Party has the meaning set forth in Section 6.2(c).
Prosecuting Party has the meaning set forth in Section 9.4(c).
Prosecuting Party has the meaning set forth in Section 9.2.1.

Examples of Prosecuting Party in a sentence

  • In addition, the Prosecuting Party shall [***] provide the Non-Prosecuting Party with drafts of all proposed material filings and correspondence to any patent authorities with respect to such Licensed Patents for the Non-Prosecuting Party’s review and comment prior to the submission of such proposed filings and correspondence.

  • The Prosecuting Party shall notify the Non-Prosecuting Party of any decision to cease Prosecution and Maintenance of any Licensed Patent in any country (but for clarity, not including a decision to not prepare and file a new Patent Right).

  • The Prosecuting Party shall provide such notice at least [***] prior to any filing or payment due date, or any other due date that requires action in order to avoid loss of rights, in connection with such Licensed Patent.

  • Subject to the Non-Prosecuting Party’s right to continue Prosecution and Maintenance of any such Licensed Patents pursuant to Section 10.2(a)(iv) (Step-In Right) below, in case of a disagreement between the Parties with respect to the Prosecution and Maintenance of such Licensed Patents, the final decision shall be made by the Prosecuting Party.

  • In such event, the Non-Prosecuting Party may, at its discretion and expense, continue Prosecution and Maintenance of such Patent Rights in such country; provided that the Non-Prosecuting Party shall consider in good faith any reasonable comments of the former Prosecuting Party with respect to double patenting (including “obviousness type” double patenting) or other concerns that could reasonably adversely impact the Licensed Patents.


More Definitions of Prosecuting Party

Prosecuting Party means, with respect to a particular Patent Right, the Party having primary responsibility for and control over Prosecuting such Patent Right, pursuant to Section 8.2 .1 (a)(i).
Prosecuting Party has the meaning set forth in Section 13.1.7.
Prosecuting Party shall have the meaning assigned to such term in Section 8.2.4(b).
Prosecuting Party means, as of the relevant time, with respect to a Jointly Owned Patent, the Party that has the right to prepare, file, prosecute and maintain such Jointly Owned Patent, in accordance with Section 9.1.
Prosecuting Party means Intrexon in the case of Intrexon Patents and Oragenics in the case of Oragenics Program Patents. The Prosecuting Party shall be entitled to use patent counsel selected by it and reasonably acceptable to the non-Prosecuting Party (including in-house patent counsel as well as outside patent counsel) for the prosecution of the Intrexon Patents and Oragenics Program Patents, as applicable. The Prosecuting Party shall:
Prosecuting Party means Intrexon in the case of Intrexon Patents and Ampliphi in the case of Ampliphi Program Patents. The Prosecuting Party shall be entitled to use patent counsel selected by it and reasonably acceptable to the non-Prosecuting Party (including in-house patent counsel as well as outside patent counsel) for the prosecution of the Intrexon Patents and Ampliphi Program Patents, as applicable. The Prosecuting Party shall:
Prosecuting Party means Intrexon in the case of Intrexon Patents and Oragenics in the case of Oragenics Program Patents.