Common use of Initial Filings Clause in Contracts

Initial Filings. Each party shall promptly disclose to the Committee the conception or reduction to practice of any Jointly Developed Technology that the disclosing party believes has a reasonable likelihood of receiving patent protection. Promptly after such disclosure, the Committee shall meet (in person or by teleconference) to discuss such Jointly Developed Technology, including (i) whether to proceed with a patent application with respect thereto and (ii) the jurisdictions in which such patent application should be filed. In the event that the Committee elects to file a patent application with respect to any Jointly Developed Technology, Ciba shall be responsible therefor (unless the Committee determines that Dermion should file such patent application (which determination shall not be a Ciba Matter)) (the party filing such patent application being referred to in this Section 4.5 as the "Responsible Party"). The Responsible Party shall (i) give the other party an opportunity to review the text of any such application promptly (with consideration of all applicable filing deadlines) before filing and (ii) promptly supply the other party with a copy of the application as filed, together with notice of its filing date and serial number. Unless otherwise agreed by the parties, the Responsible Party shall be responsible for the initial filing of any such patent application and the subsequent prosecution and maintenance of the application and any resulting patents.

Appears in 3 contracts

Samples: Research and Development Agreement (Iomed Inc), Research and Development Agreement (Iomed Inc), Research and Development Agreement (Iomed Inc)

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Initial Filings. Each party shall promptly disclose to the Committee the conception or reduction to practice of any Jointly Developed Technology that the disclosing party believes has a reasonable likelihood of receiving patent protection. Promptly after such disclosure, the Committee shall meet (in person or by teleconference) to discuss such Jointly Developed Technology, including (i) whether to proceed with a patent application with respect thereto and (ii) the jurisdictions in which such patent application should be filed. In the event that the Committee elects to file a patent application with respect to any Jointly Developed Technology, Ciba Novartis shall be responsible therefor (unless the Committee determines that Dermion or Iomed should file such patent application (which determination shall not be a Ciba Novartis Matter)) (the party filing such patent application being referred to in this Section 4.5 as the "Responsible Party"). The Responsible Party shall (i) give the other party parties an opportunity to review the text of any such application promptly (with consideration of all applicable filing deadlines) before filing and (ii) promptly supply the other party parties with a copy of the application as filed, together with notice of its filing date and serial number. Unless otherwise agreed by the parties, the Responsible Party shall be responsible for the initial filing of any such patent application and the subsequent prosecution and maintenance of the application and any resulting patents.

Appears in 1 contract

Samples: Development Agreement (Iomed Inc)

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