Filing Prosecution and Maintenance of Patent Rights. 7.1 Patent Filing, Prosecution and Maintenance.
Filing Prosecution and Maintenance of Patent Rights. BioMarin shall be responsible, at BioMarin’s expense, for the filing, prosecution and maintenance of Patent Rights within the BioMarin Patent Rights and BioMarin/Genzyme Patent Rights, and Genzyme shall be responsible, at Genzyme’s expense, for the filing, prosecution and maintenance of Patent Rights within the Genzyme Patent Rights. For so long as any of the license grants set forth in Article 3 hereof remain in effect and upon request of the other Party, each of BioMarin and Genzyme agrees to file and prosecute patent applications and maintain the Patent Rights for which it is responsible in all countries in the Territory selected by the Steering Committee. Each of BioMarin and Genzyme shall consult with and keep the other Party fully informed of important issues relating to the preparation and filing (if time permits), prosecution and maintenance of such patent applications and patents, and shall furnish to the other Party copies of documents relevant to such preparation, filing, prosecution or maintenance in sufficient time prior to filing such document or making any payment due thereunder to allow for review and comment by the other Party and, to the extent possible in the reasonable exercise of its discretion, the responsible Party shall incorporate all such comments.
Filing Prosecution and Maintenance of Patent Rights. 3.1 PALOMAR shall continue to be responsible for the preparation, filing, prosecution and maintenance of all patent applications and patents included in PATENT RIGHTS, and for all costs incurred therefor (“Costs”). PALOMAR may elect not to continue to prosecute or maintain any U.S. or foreign patent application or patent contained within the PATENT RIGHTS upon sixty (60) days advance written notice to GENERAL, and PALOMAR shall thereafter be relieved of the obligation to pay any additional Costs regarding such U.S. or foreign patent application or patent incurred after the expiration of such sixty (60) day notice period. After the expiration of such sixty (60) day notice period, such U.S. or foreign patent application or patent shall thereupon cease to be a PATENT RIGHT hereunder and GENERAL shall be free to file, prosecute and maintain and license its rights to that particular U.S. or foreign patent application or patent to any other party on any terms.
Filing Prosecution and Maintenance of Patent Rights. 13.2.1 As between the Parties, subject to Section 13.3.2, Beam shall have the exclusive right to file, prosecute and maintain the Beam Base Editor Patent Rights, Beam Collaboration Patent Rights, Beam C2C1 Patent Rights and Patent Rights within the Beam Manufacturing Technology and Beam Delivery Technology. Subject to Beam’s obligations under Third Party Agreements, Beam shall give Verve the opportunity to provide comments on and make requests of Beam concerning the prosecution and maintenance of the Beam Base Editor Patent Rights, Beam C2C1 Patent Rights, Beam Collaboration Patent Rights and Patent Rights within the Beam Delivery Technology and Beam shall consider such comments and requests in good faith; however, final decision-making authority with respect to the prosecution and maintenance of such Patent Rights shall vest in Beam.
Filing Prosecution and Maintenance of Patent Rights. 9.1. Patent Filing, Prosecution and Maintenance. The JSC shall determine the jurisdictions within the Territory in which patent applications will be filed with respect to Joint Patent Rights. Subject to the foregoing, the responsibility for filing, prosecution and maintaining Patent Rights shall be as follows: 9.1.1.
Filing Prosecution and Maintenance of Patent Rights. 10.1 Patent Filing, Prosecution and Maintenance. Subject to the foregoing, the responsibility for filing, prosecuting and maintaining Patent Rights shall be as follows:
Filing Prosecution and Maintenance of Patent Rights. (a) DexCom Patent Rights. DexCom shall use its Commercially Reasonable Efforts to protect, prepare, file, prosecute and maintain, all of the DexCom Patent Rights, using patent counsel of DexCom’s choice; provided, however, that DexCom shall give Xxxxxxx before filing a reasonable opportunity to review and comment upon the text of any applications for DexCom Patent Rights. DexCom shall reasonably consider Xxxxxxx’ comments on patent applications included in DexCom Patent Rights and shall incorporate such comments to the extent Xxxxxxx demonstrates that such comments materially affect the Xxxxxxx Field and can be made without material harm to DexCom’s interests in the DexCom Field. DexCom shall consult with Xxxxxxx with respect to such patent applications, and shall supply Xxxxxxx with a copy of such patent applications as filed, together with notice of each filing date and serial number. DexCom shall also keep Xxxxxxx advised of the status of prosecution of all such patent applications included in the DexCom Patent Rights, and shall consult with Xxxxxxx and provide Xxxxxxx with a reasonable opportunity to review and comment on all material, substantive correspondence received from or to be submitted to any government patent office or authority with respect to any such patent application or patent. In the event of a Change of Control of DexCom, DexCom shall provide Xxxxxxx with an opportunity to review and comment on all correspondence (notwithstanding materiality or substance) from or to any government patent office or authority with respect to such patent application or patent. DexCom shall reasonably consider Xxxxxxx’ comments on such correspondence and submissions and shall incorporate such comments to the extent Xxxxxxx demonstrates that such comments materially affect the Xxxxxxx Field and can be made without material harm to DexCom’s interests in the DexCom Field. DexCom shall be responsible for expenses incurred following the Effective Date in connection with preparing, filing, prosecuting and maintaining such DexCom Patent Rights throughout the Territory, including, but not limited to, expenses for inventorship determinations and inventorship disputes (other than between the Parties). If DexCom elects not to file a patent application on DexCom Know-How that, if filed, would be a DexCom Patent Right, or to cease the prosecution and/or maintenance of any DexCom Patent Rights, (except for abandonment of a patent application in favor of a pending patent...
Filing Prosecution and Maintenance of Patent Rights. 3.1 GENERAL shall be responsible for the preparation, filing, prosecution and maintenance of all patent applications and patents included in the PHOTON RECYCLING PATENT RIGHTS and the ‘568 PATENT FAMILY PATENT RIGHTS. Subject to Paragraph 3.2, PALOMAR shall reimburse GENERAL for all reasonable costs (“Costs”) incurred by GENERAL for the preparation, filing, prosecution and maintenance of all ‘568 PATENT FAMILY PATENT RIGHTS by paying such Costs directly to legal counsel upon receipt of invoices from GENERAL or legal counsel.
Filing Prosecution and Maintenance of Patent Rights. During the Pharmacogenomics Program Term, with respect to any Patent Rights arising under the Pharmacogenomics Program, the following provisions shall apply. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential Investment under Rule 406 of the Securities Act. BAYER and CURAGEN Pharmacogenomics Project Agreement
Filing Prosecution and Maintenance of Patent Rights. 12.4.1 Prosecution and Maintenance of SeaGen Product-Specific Patents, Joint Program Patents and Merck Product-Specific Patents. The Lead Patent Party shall have the right, but not the obligation, to prepare, file, prosecute and maintain the SeaGen Product- Specific Patents, Joint Program Patents and Merck Product-Specific Patents, as applicable, worldwide; provided that with respect to Joint Program Patents, such preparation, filing, prosecution and maintenance shall be done through outside counsel mutually agreed to by the Parties. The Lead Patent Party shall keep the other Party reasonably informed of all material steps with regard to the preparation, filing, prosecution and maintenance of the SeaGen Product-Specific Patents, Joint Program Patents and Merck Product-Specific Patents, as applicable, including by providing such other Party with a copy of material communications to and from any patent authority in the Territory regarding such SeaGen Product-Specific Patents, Joint Program Patents or Merck Product-Specific Patents, as applicable, and the other Party shall be copied on all material correspondence with the Lead Patent Party’s patent counsel with respect thereto. The Lead Patent Party shall provide the other Party drafts of any material filings or responses to be made to such patent authorities in the Territory in advance of submitting such filings or responses so as to allow for a reasonable opportunity for such other Party to review and comment thereon, and the Lead Patent Party shall consider in good faith and discuss the requests and suggestions of such other Party with respect to such Lead Patent Party’s drafts and with respect to strategies for filing and prosecuting the SeaGen Product-Specific Patents, Joint Program Patents or Merck Product- Specific Patents, as applicable, in the Territory. The Lead Patent Party shall consult with the other Party reasonably prior to (but at least [ * ] days prior to) taking or failing to take any substantive action (including making any filings) with respect to the SeaGen Product-Specific Patents, Joint Program Patents or Merck Product-Specific Patents, as applicable, including any action that would -119- [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM IF PUBLICLY DISCLOSED
