Prosecution Activities definition
Examples of Prosecution Activities in a sentence
Each Party shall keep the other Party reasonably informed as to the status of all GENTA Prosecution Activities being conducted by such Party.
In such case, GENTA shall promptly execute, or shall obtain from its licensors the prompt execution of, all necessary documents that may be required in order to enable AVENTIS to perform the GENTA Prosecution Activities on GENTA's or its licensors' behalf.
In the event GENTA or its licensors fail to perform, or it appears that GENTA or its licensors are reasonably likely to fail to perform, any of the GENTA Prosecution Activities, then AVENTIS, to the extent not prohibited under GENTA's agreements with its licensors, shall have the right to perform such activities on GENTA's or its licensors' behalf.
Genocea further agrees that Isconova shall be free to disclose to future licensees of the Licensed Technology that an Isconova licensee has rights to Secondary Prosecution Activities as set out herein under appropriate terms of confidentiality and provided that Isconova does not disclose to such future licensees Genocea’s identity.
For purposes of this Agreement, the Prosecution Activities shall include the right to determine whether or not to file an application for Patent Rights on any Licensed IP.
All costs incurred by AVENTIS in performing any of the GENTA Prosecution Activities shall be deductible in full from any amounts due and owing by AVENTIS to GENTA under this AGREEMENT.
Notwithstanding the above, Genocea agrees that Isconova’s covenant and Genocea’s rights to Secondary Prosecution Activities herein is granted to the extent that such covenant and rights are not in conflict with Isconova’s prior agreement with Crucell Holland B.V. dated December 21, 2006 as such agreement exists on the Effective Date, and that Isconova may have undertakings towards Crucell Holland B.V. that may take precedence over Genocea’s rights herein.
Should GENTA be unable or unwilling to perform any of the GENTA Prosecution Activities, GENTA shall provide AVENTIS with at least sixty (60) days' prior notice (or, if 60 days' prior notice is not reasonably possible, the longest lesser prior notice as is reasonably possible) of GENTA's discontinuance thereof.
COMPANY shall advise such patent counsel in writing that for purposes of such Patent Prosecution Activities, such counsel represents both COMPANY and LICENSOR.
COMPANY shall further inform LICENSOR of any decision by COMPANY to discontinue any Patent Prosecution Activities in respect of any pending patent application or issued patent promptly upon reaching such decision and in any case, no less than thirty (30) days before the discontinuance thereof.