Maintenance and Prosecution Clause Samples

Maintenance and Prosecution. Each Party is responsible for any protection of the Foreground that it owns pursuant to this Consortium Agreement and shall have the right to file patent applications for such Foreground in their own name and at its own expense. If the Research Organization and/or the Industrial Party are joint owners of Foreground the owning Parties shall discuss which Party will be in the lead of patent prosecution and how the associated costs will be shared.

Maintenance and Prosecution. Each Party is responsible for any protection of the Foreground its owns pursuant to this Consortium Agreement and shall have to file patent applications for such Foreground in their own name(s) and at their own expense. Joint owners of Foreground shall agree between them on who shall be responsible for the timely prosecution and maintenance of all such Foreground and the Party that is nominated to be so responsible shall be entitled to charge the other joint owners with a percentage of the costs of so doing as agreed between the joint owners. In the absence of any agreement to the contrary between joint owners such costs shall be equally shared.

Maintenance and Prosecution. Braeburn shall have the first right to Prosecute and Maintain, in Titan’s name, the Titan Core Patents and, in the names of both Parties, any patent application(s) or patent(s) arising from Joint Inventions, using patent counsel selected by Braeburn and reasonably acceptable to Titan, and shall be responsible for the payment of all Prosecution and Maintenance costs. Braeburn agrees to keep Titan informed of the course of patent prosecution or other proceedings, including by providing Titan with copies of office actions and communications received by Braeburn from, and communications sent by Braeburn to, the United States Patent and Trademark Office and foreign patent offices concerning such Patent Rights. Braeburn shall solicit Titan’s review of the nature and text of such patent applications and prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and Braeburn shall consider in good faith Titan’s reasonable comments related thereto. Upon Braeburn’s request, Titan shall reasonably cooperate in the Prosecution and Maintenance of any such patent application or patent. If Braeburn elects not to Prosecute and Maintain a patent application or patent included in such Patent Rights in the Territory, it shall provide Titan with no less than ninety (90) days’ written advance notice sufficient to avoid any loss or forfeiture. In such event Titan shall have the right, but not the obligation, at its sole expense, to Prosecute and Maintain such patent application or patent as owner thereof and, at Titan’s election and upon not less than thirty (30) days’ prior written notice to Braeburn, such patent application or patent shall no longer be deemed or included in Patent Rights under this Agreement. Titan shall have the sole right to Prosecute and Maintain any patent application(s) or patent(s) arising from the Titan Inventions, at its sole expense.

Maintenance and Prosecution. Each Party is responsible for any protection of the Foreground its owns pursuant to this ICA and shall have to file patent applications for such Foreground in their own name(s) and at their own expense. Joint owners of Foreground shall agree between them on who shall be responsible for the timely prosecution and maintenance of all such Foreground and the Party that is nominated to be so responsible shall be entitled to charge the other joint owners with a percentage of the costs of so doing as agreed between the joint owners. In the absence of any agreement to the contrary between joint owners such costs shall be equally shared.

Maintenance and Prosecution. (a) At its own expense, Licensee shall have the right to file, prosecute and maintain all new and existing applications for, and registrations of (i) the Boise Name M▇▇▇ in the Field of Use that contain a description of products and services that are in the Field of Use, or (ii) the Orange Dot M▇▇▇ outside the Retained Businesses; provided, that Licensee shall give notice to Licensor of any new applications for registration of any of the foregoing. (b) At its own expense, Licensor shall have the right to file, prosecute and maintain all new and existing applications for, and registrations of any Boise Name M▇▇▇ in the Retained Businesses that contain a description of products and services that are in the Retained Businesses; provided, that Licensor shall give notice to Licensee of any new applications for registration of any of the foregoing. (c) At its own expense, either Party may file and prosecute new applications for registration of the Boise Name M▇▇▇ that are (i) outside the Field of Use; (ii) outside the Retained Businesses; and (iii) unlikely to cause confusion with any registrations used by the other Party in the Field of Use or the Retained Businesses, but only after obtaining the other Party’s prior written approval, which approval shall not be unreasonably withheld or delayed. The Party seeking to file an application for registration pursuant to this Section 5.4(c) shall give written notice of such proposed new application to the other Party who shall approve or deny such proposed new application within thirty (30) days after receipt thereof; provided, that a Party’s failure to respond to such a proposed new application within such thirty (30) day period shall be deemed an approval. (d) In the event either Party elects not to maintain any existing registration for any Boise M▇▇▇, or not to prosecute an application for registration of any Boise M▇▇▇, such Party shall promptly notify the other Party in writing of such decision, but in no event less than sixty (60) days prior to the date on which the registration or application shall become abandoned, and the other Party shall have the right (but not the obligation) to continue to prosecute the trademark application, or to maintain the registration of the Boise M▇▇▇, in each case in its own name and at its own expense. If the other Party elects to so prosecute or maintain the application or Boise M▇▇▇, it shall provide the abandoning Party with written notice of such election, and the abandoning ...

Maintenance and Prosecution. Indevus shall have the first right to file, prosecute and maintain the Indevus Patent Rights and any patent application(s) or patent(s) arising from Joint Inventions in Indevus’ name, using patent counsel selected by Indevus and shall be responsible for the payment of all patent prosecution and maintenance costs. Indevus agrees to keep Esprit informed of the course of patent prosecution or other proceedings, including by providing Esprit with copies of office actions and communications received by Indevus from, and communications sent by Indevus to, the United States Patent and Trademark Office and foreign patent offices concerning such Patent Rights. Indevus shall solicit Esprit’s review of the nature and text of such patent applications and important prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and Indevus shall take into account Esprit’s reasonable comments related thereto. Upon Indevus’ request, Esprit shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. If Indevus elects not to file, prosecute or maintain a patent application or patent included in such Patent Rights in the Territory, it shall provide Esprit with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Esprit shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent as owner thereof. Esprit shall have the sole right to file, prosecute and maintain any patent application(s) or patent(s) arising from the Esprit Inventions, at its sole expense.

Maintenance and Prosecution. (a) MetaStat and ASET each acknowledges that MIT has the sole and exclusive right to file, prosecute and maintain the MIT Patent Rights in accordance with Section 6 of the Therapeutic License Agreement. Upon MetaStat’s request, ASET shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. (b) ASET shall also have the first right to file, prosecute and maintain the MetaStat Patent Rights not covered by Section 6.2(a) and any patent application(s) or patent(s) arising from Joint Inventions, using patent counsel selected by ASET and shall be responsible for the payment of all patent prosecution and maintenance costs. ASET agrees to keep MetaStat informed of the course of patent prosecution or other proceedings, including by providing MetaStat with copies of office actions and communications received by ASET from, and communications sent by ASET to, the United States Patent and Trademark Office and foreign patent offices concerning such MetaStat Patent Rights. ASET shall solicit MetaStat’s review of the nature and text of such patent applications and important prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and ASET shall take into account MetaStat’s reasonable comments related thereto. Upon ASET’s request, MetaStat shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. If ASET elects not to file, prosecute or maintain a patent application or patent included in such MetaStat Patent Rights in the Territory, it shall provide MetaStat with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and MetaStat shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent as owner thereof. ASET shall have the sole right to file, prosecute and maintain any patent application(s) or patent(s) arising from the ASET Inventions, at its sole expense.

Maintenance and Prosecution. Buyer shall maintain the pendency, subsistence, validity and enforceability, of the Licensed IP. Buyer may discontinue prosecution or maintenance, abandon, or dedicate to the public any of the Licensed IP in its sole discretion; provided, that Buyer shall give notice to Seller prior to discontinuing any such prosecution or maintenance.

Maintenance and Prosecution. 4.1 SHELL agrees to treat the SHELL Intellectual Property in the same manner as it treats its other Intellectual Property Rights of a similar nature, and agrees not to abandon any patent applications and patents forming part of the Licensed Patents without the prior written consent of the Company, such consent not to be unreasonably withheld. In the event that SHELL wishes to abandon any such patent application or patent SHELL will give 30 days notice of the intended date of abandonment, discuss within such 30 day period with the relevant licensees of such patent application or patent (who at the relevant time are actively exploiting a licence in respect of such patent application or patent), the terms and conditions of an assignment for no additional monetary consideration, with immunity from suit in respect thereof being granted to SHELL and its Affiliates and assigns to one or more of such licensees of any such patent application or patent and the granting of the right, either singularly or jointly, to continue prosecution of and the maintenance of any such patent application or patent (with the licensee in question bearing the cost of preparation and recordal of any assignment). 4.2 SHELL agrees to provide to the Company on an annual basis a report on the status of the Licensed Patents. SHELL further agrees upon the reasonable request of the Company to provide copies of the novelty search reports carried out by patent offices in the course of the prosecution of the Licensed Patents that have been received by SHELL or an Affiliate of SHELL. 4.3 The Company shall notify SHELL in writing of any suspected infringement by any third party of any Licensed Patent. If the Company supplies to SHELL evidence that reasonably demonstrates infringement by a third party in the Field of Use of one or more of the Licensed Patents to an extent so as to cause actual loss of business (including loss of contract) of the Company or any Affiliate of the Company ("a Third Party Infringement") in a particular Product or Service and SHELL has failed to take commercially reasonable steps either to cause the Third Party Infringement to cease (whether pursuant to a Court order, undertaking or otherwise) or, provided SHELL is entitled hereunder to do so, license such third party, in either case, within six (6) months of a written notification from the Company of such Third Party Infringement (such notice to contain reasonable evidence to demonstrate Third Party Infringement includi...