Prosecution definition

Prosecution means, with respect to a Patent, preparing, filing, prosecuting and maintaining such Patent, including any interference and opposition proceedings, reissue, post-grant reviews, inter partes review, re-examination and applications for patent term extensions, and all appeals or petitions to any agency, board or court related to any of the foregoing. When used as a verb, “Prosecute” means to engage in Prosecution.

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Prosecution means the preparation, filing, prosecution, issuance and maintenance (including interference, opposition and similar Third Party proceedings before the relevant patent office) of any patent applications and patents.

Prosecution or “Prosecute” means the filing, preparation, prosecution and maintenance of Patents, including any and all pre-grant proceedings before any patent authority, such as interferences.

Examples of Prosecution in a sentence

• All information exchanged between the Parties regarding the Prosecution, enforcement or defense of Patent Rights under this Article 10 (Intellectual Property) will be deemed to be Confidential Information of the Party that controls the Prosecution, enforcement or defense (as applicable) of the applicable Patent Right.

• IDEAYA shall reimburse Licensee for [***] of Licensee’s payments to patent counsel and agents, patent offices, other patent related services (e.g., annuity and maintenance fee management companies) and other out-of-pocket costs directly relating to the Prosecution of the Licensee Arising Patents outside the Territory.

• Licensee shall reimburse IDEAYA for [***] of IDEAYA’s payments to patent counsel and agents, patent offices, other patent related services (e.g., annuity and maintenance fee management companies) and other out-of-pocket costs directly relating to the Prosecution of the Licensed Patents in the Territory only.

• Any such abandonment or cessation of Prosecution of Licensed Patents or Licensee Arising Patents, as applicable, shall be discussed and reviewed by the Parties, and such Party shall duly consult with the other Party in good faith prior to making its decision and shall take into consideration the other Party’s reasonable and timely comments.

• Notwithstanding anything to the contrary in the foregoing, upon IDEAYA’s request, Licensee shall file and diligently Prosecute Licensee Arising Patents outside the Territory and shall follow IDEAYA’s direction and incorporate IDEAYA’s comments regarding Prosecution of Licensee Arising Patents outside the Territory, unless following such direction or incorporating such comment would reasonably be expected to cause a material adverse effect on Licensee Arising Patents or Licensed Patents in the Territory.

More Definitions of Prosecution

Prosecution has the meaning set forth in Section 9.2(a).

Prosecution has a corresponding meaning.

Prosecution means prosecution of any proceeding in the United States Patent and Trademark Office or in any other registration authority in any country, including regarding any application (whether ex parte or inter partes), including interference, reexamination and reissue. The terms “Affiliate” and “Affiliates” have the meanings ascribed thereto in the CPI Agreements.

Prosecution or “Prosecute” means, with respect to a particular Patent Right, all activities associated with the preparation, filing, defense, prosecution and maintenance of such Patent Right, as well as supplemental examinations, re-examinations, reissues, applications for patent term adjustments and extensions, supplementary protection certificates and the like with respect to such Patent Right, together with the conduct of interferences, derivation proceedings, inter partes review, post-grant review, the defense of oppositions and other similar proceedings with respect to such Patent Right.

Prosecution means, with respect to a Patent Right, the preparation, filing, prosecution and maintenance of such Patent Right (and all directly related activities), as well as all activities relating to post grant review proceedings, reexaminations, reissues and the like with respect to such Patent Right, together with the conduct of interferences, the defense of oppositions and other similar proceedings with respect to the particular Patent Right; the term “Prosecute” shall have the correlative meaning.

Prosecution has the meaning set forth in Section 5.2(a).

Prosecution means in relation to any Patents, (a) to prepare and file patent applications, including re-examinations or re-issues thereof, and represent applicants or assignees before relevant patent offices or other relevant Governmental Authorities during examination, re-examination and re-issue thereof, in appeal processes and interferences, or any equivalent proceedings [***], (b) to defend all such applications against Third Party oppositions or other challenges, (c) to secure the grant of any patents arising from such patent application, (d) to maintain in force any issued patent (including through payment of any relevant maintenance fees), (e) to obtain and maintain patent term extensions or supplemental protection certificates or their equivalents, and (f) to make all decisions with regard to any of the foregoing activities.