Prosecution of Licensed Patents. As between Licensor and Licensee, the Parties agree as follows:
Prosecution of Licensed Patents. 7.1.1 LICENSEE agrees to accept liaison and financial responsibilities, as hereinafter set forth, for the prosecution, by a patent lawyer in independent practice, who shall be nominated by LICENSEE and approved by LICENSOR, of the Licensed Applications listed in Section 1.2, and additional applications as the parties may subsequently agree. Said financial responsibilities shall not only include the costs of prosecution but also the payment of maintenance fees, where required, to maintain said patent applications and patents, if issued, in force and effect for as long as possible. It is further agreed that the patent lawyer selected and paid by LICENSEE and approved by LICENSOR shall be required, if so desired by LICENSOR, to keep LICENSOR informed of all steps in the prosecution and maintenance of said Licensed Applications and Licensed Patents. Notice of prosecution and maintenance of said Licensed Applications and Licensed Patents shall be sent by express courier delivery to: Internal IP Counsel Office of Technology Transfer The University of Arizona 000 X. Xxxxxx Xxxxxx, Xxxx 000 Xxxxxx, XX 00000-0000 If, for any reason, prosecution or maintenance of a particular patent application or patent in a particular country is to be abandoned by LICENSEE, LICENSOR will be notified in sufficient time to assume prosecution should LICENSOR desire to do so. LICENSEE shall bear all cost to maintain the patent prosecution until such time that LICENSOR can assume patent prosecution. LICENSEE, by abandonment of any particular patent application or patent, terminates its rights under Article 3 in said patent application or patent and said patent application or patent shall no longer be considered part of Licensed Applications or Licensed Patents for purposes of this Agreement or any sublicense derived herefrom. Within two (2) weeks of notification to LICENSOR by LICENSEE, LICENSEE or its current patent counsel will furnish complete file histories and a summary of current actions required of all of the patent applications constituting said Licensed Applications to the patent lawyer nominated by LICENSOR to continue prosecution of patents abandoned by LICENSEE.
Prosecution of Licensed Patents. (i) Emisphere shall, at least twice in each Calendar Year and at minimum intervals of five months, during the Term provide Novo Nordisk with a list of Licensed Patents providing relevant filing, priority, and status information (the “Semiannual Licensed Patent Report”), beginning on the date that is six (6) calendar months following the Effective Date.
Prosecution of Licensed Patents. As between Licensor and Licensee, but subject to any obligations of Licensor to the ReGenX Licensors, the Parties agree as follows: CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
Prosecution of Licensed Patents. Dyadic shall, at Dyadic’s sole cost and expense, [*], file for, prosecute, respond to oppositions, nullity actions, re-examinations, revocation actions and similar proceedings (including without limitation conducting or participating in interference and oppositions) filed by Third Parties against, and maintain the patents and patent applications within the Licensed Patents that are owned or otherwise controlled by Dyadic; provided that, in the event that Dyadic decides to cease activities relating to obtaining and maintaining any patent application or patent within the Licensed Patents that is owned or otherwise controlled by Dyadic, Dyadic shall provide written notice thereof to Codexis and, prior to taking action that would result in the abandonment of any such patent application or patent, Dyadic shall engage in good faith discussion with Codexis, such discussion to occur at least [*] days prior to the date when government rights would be lost as a consequence of abandonment of such patent application or patent.
Prosecution of Licensed Patents. 8.1 LICENSEE agrees to accept liaison and financial responsibilities, as hereinafter set forth, for the prosecution, by a patent lawyer in independent practice, who shall be nominated by LICENSEE and approved by LICENSOR, of the Licensed Applications. Said financial responsibilities shall not only include the costs of prosecution but also the payment of maintenance fees, where required, to maintain said patent applications and patents, if issued, in force and effect for as long as possible. It is further agreed that the patent lawyer selected by LICENSEE and approved by LICENSOR shall be required, if so desired by LICENSOR, to keep a patent lawyer selected by LICENSOR informed of all steps in the prosecution and maintenance of said Patent Rights. Written approval will be required from LICENSOR to the patent lawyer selected by LICENSEE for actions concerning this patent.
Prosecution of Licensed Patents. Orexo shall have the sole right to file, prosecute and maintain the Licensed Patents worldwide, at its cost and at its sole discretion. For each patent application and patent under the Licensed Patents, Orexo shall: (a) prepare, file and prosecute such patent application; (b) maintain such patent; (c) pay all fees and expenses associated with its activities pursuant to clauses (a) and (b) above; (d) keep Licensee currently informed of the filing and progress of all material aspects of the prosecution of any such patent application, and the issuance of patents from any such patent application; (e) consult with Licensee in advance concerning any decisions which could materially and adversely affect the scope or enforcement of any issued claims or the potential abandonment of any such patent application or patent; and (f) notify Licensee promptly of any additions, deletions or changes in the status of any such patent or patent application.
Prosecution of Licensed Patents. Subject to the provisions of this Section 9.2, Xxxxxx, at its sole discretion and expense, will prosecute and determine the strategy of prosecution of the Licensed Patents.
Prosecution of Licensed Patents. 10.1.1 EndoChem shall (and with regard to the Patent Rights shall use commercially reasonable efforts to cause UC to) diligently prosecute and maintain the United States and foreign patents comprising the Licensed Patents using counsel reasonably acceptable to the Licensee and in jurisdictions requested by Licensee (where available). Notwithstanding the above, in the event Licensee has rejected three (3) counsels with regard to the Patent Rights, Licensee acknowledges that UC shall have the right to use reasonably qualified counsel of its choice without Licensee's assent as to the Patent Rights. Licensee acknowledges that UC's counsel will take instructions only from UC and EndoChem's counsel will take instructions only from EndoChem. EndoChem will provide the Licensee with copies of all relevant documentation with regard to the prosecution and maintenance of the Licensed Patents (as to the Patent Rights, to the extent Licensee receives such documentation from UC) so that the Licensee will be informed of the continuing prosecution and may comment upon such documentation sufficiently in advance of any initial deadline for filing a response. EndoChem shall ensure that all such comments by Licensee are considered in good faith (except that as to Patent Rights, EndoChem shall only be obligated to use commercially reasonable efforts to ensure that UC reviews such comments) and, where accepted, are incorporated into such filings; provided however, that if Licensee has not commented upon such documentation in a reasonable time for EndoChem (and, as to the Patent Rights, UC) to sufficiently consider Licensee's comments prior to a deadline with the relevant government patent office, or EndoChem or UC (as to the Patent Rights) must act to preserve the Licensed Patents, EndoChem and/or UC will be free to respond without consideration of Licensee's comments, if any. Licensee agrees to treat all such documentation as Confidential Information of EndoChem.
Prosecution of Licensed Patents. Allarity has the first right, but not the obligation, to prosecute and maintain the Licensed Patents (other than Joint Patents, which are addressed in Section 9.2(b)) in the Territory using counsel of its own choice, at Allarity’s sole expense. Allarity shall keep Oncoheroes reasonably informed of progress with respect to the prosecution and maintenance of such Licensed Patents in the Territory. In addition, Allarity shall provide Oncoheroes with drafts of all proposed substantive filings and correspondence to any patent authority with respect to any Licensed Patent for Oncoheroes’ review and comment prior to the submission of such proposed filings and correspondence. Allarity shall consider in good faith Oncoheroes’ comments related to such Licensed Patent prior to submitting such filings and correspondence. If Allarity decides to abandon any Licensed Patent in its entirety, Oncoheroes may assume Allarity’s rights and responsibilities under this Section 9.2(a) with respect to such Licensed Patent. Oncoheroes will thereafter be responsible for the prosecution and maintenance of such Licensed Patent.
