Patent Management. 3.2.1 The Party owning the Invention shall be responsible for the preparation, filing, prosecution, and maintenance (the "Patent Management") of a Patent (the "Filing Party"), subject to the provisions of Section 3.2.2.
Patent Management. (a) CSIRO shall be solely responsible for the prosecution and maintenance of all of the Patents and Patent Applications. CSIRO’s unfettered right to conduct the prosecution, maintenance and management of the Patents and Patent Applications shall include the following:
Patent Management. LICENSEE will have the first right and responsibility for preparing, filing, prosecuting and maintaining all Licensed Patent Rights, including defending them against all challenges to their validity or patentability as further described below and subject to Section
Patent Management. The President of each Component, or any person designated by him, is authorized to negotiate with reputable agencies or firms to secure for each Component arrangements for the management of inventions and discoveries in which the Component decides to assert and exploit its ownership interest.
Patent Management. 4.1. The Licensee will be responsible for filing, prosecuting, maintaining and defending such patent, design, copyright, mask work and other registrations as may be available for the protection of the Licensed Technology provided that the Licensee shall, within 14 days of receipt, provide the Licensor with copies of all correspondence received from patent offices, patent professionals or other advisors in relation to such activities.
Patent Management. 3.1.1 On behalf of the PARTIES, the COMPANY is entrusted with the management of the PATENTS referred to in this AGREEMENT. The COMPANY thus becomes PATENT MANAGER. For the proper execution of the assignments entrusted to the PATENT MANAGER and in the common interest of the joint owners, the PARTIES undertake to provide the PATENT MANAGER, within the expected time-frame, with all the technical or administrative elements required or with the signatures it may need for the filing, maintenance or defense of the PATENTS and to offer their technical and scientific assistance in all PATENT-related procedures. Should the COMPANY no longer wish to be PATENT MANAGER, it must notify this decision to the other PARTIES at least one (1) month prior to the earliest deadline in the procedures initiated in connection with one of the Industrial Property PATENTS in order for the other PARTIES to be able to take on the role of PATENT MANAGER, if they wish so. Generally, the PATENT MANAGER will notify systematically and as early as possible the other PARTIES of the ongoing proceedings, filing deadlines and formal notifications. The PARTIES, at the initiative of the PATENT MANAGER, will consult with each other on matters regarding the procedures to follow for the PATENTS and undertake to provide each other with a copy of any document related to the said procedures, early enough to enable them to submit their comments to each other before the deadline. In the absence of a reply within 15 (fifteen) days from the receipt of the documents by the other PARTIES, it will be assumed that they approved the proposal of the PATENT MANAGER.
Patent Management. The Parties agree to exercise their respective rights to manage the filing, prosecution and maintenance of Patent Rights under this Agreement in a manner, insofar as reasonably possible, that maximizes the value of such Patent Rights within the Field.
Patent Management. Reata shall have the sole right, but not the obligation, to (a) prepare, file, prosecute, and maintain, (b) apply for patent term extensions and supplementary protection certificates for Licensed Products with respect to, (c) prosecute any infringement with respect to, and (d) defend and control the defense of the validity and enforceability of, in each case ((a) - (d)), the AbbVie Patents and Reata Patents worldwide, at Reata’s sole cost and expense. As between the Parties, any recovery realized as a result of litigation with respect to the infringement of an AbbVie Patent or Reata Patent (whether by way of settlement or otherwise) will be retained by Reata and to the extent such recovery is attributable to lost sales or profits of one or more Royalty Products, included in Net Sales and subject to the royalty payment obligations set forth in Section 5.2.
Patent Management. 7.1 CBI shall retain ownership of all Patents that CBI owns on the Effective Date and CBI shall continue prosecution of all patent applications related to the Licensed Products that are pending as of the Effective Date and shall pay all costs associated therewith. CBI shall inform Prism of any actions regarding the prosecution of all such patent applications. Prism shall be permitted to provide input into and suggestions for the prosecution of such patent applications.
Patent Management. Capricor shall be responsible for maintaining and managing its patents that cover the sale of the Product in the Territory at Capricor’s expense and responsibility. For the avoidance of doubt, even if Capricor pays royalties or license fees to any third party in connection with the sale of Products in the Territory, Distributor shall have no responsibility for the payment of any such royalties or license fees. Distributor shall promptly notify Capricor if it learns of any use by any third party of the use of Capricor’s patents which may constitute an infringement thereof. Capricor shall have the right in its sole discretion to institute any proceedings against such third party infringers. Distributor agrees to cooperate fully with Capricor in any action taken by Capricor against such third parties, provided that all expenses of such action shall be borne by Capricor and all damages which may be awarded or agreed upon in settlement of such action shall accrue to Capricor.
