Prosecution Costs Clause Examples
The Prosecution Costs clause defines which party is responsible for covering the expenses associated with pursuing legal action, such as enforcing intellectual property rights or defending against infringement. Typically, this clause outlines whether costs like attorney fees, court fees, and other litigation expenses are borne by the party initiating the action or shared between parties. Its core function is to allocate financial responsibility for legal proceedings, thereby clarifying expectations and reducing disputes over who pays for prosecution-related costs.
Prosecution Costs. Licensee shall pay future costs of the prosecution of the patent applications pending as set forth in ARTICLE I, Paragraph 2, which are reasonably necessary to secure the patent. Furthermore, Licensee will pay for the costs of filling, prosecuting and maintaining foreign counterpart applications to such pending patent applications, such foreign applications to be filed within ten (10) months prior to the filling date of the corresponding United States patent application.
Prosecution Costs. During the Term of this Agreement, all costs associated with filing, prosecuting, issuing, maintaining, and extending (i) the Sunesis Collaboration Patents, Licensed Pre-Existing Patents and patent applications and patents within the Sunesis Core Technology shall be borne by Sunesis; and (ii) the Collaboration Patents shall be borne by Biogen Idec.
Prosecution Costs. CSMC will prepare, file, prosecute and maintain the Patent Rights during the Option Period and Licensee shall reimburse CSMC for the costs and expenses, including reasonable attorneys’ fees, filing fees and translation fees actually incurred by CSMC (including but not limited to any costs and expenses related to foreign filings) in the prosecution of the Patent Rights (“Prosecution Costs”) during the Option Period. Licensee shall reimburse CSMC within thirty (30) days of receiving an invoice from CSMC for such Prosecution Costs. Further, the Exclusive License shall provide that Licensee will reimburse CSMC for Prosecution Costs actually incurred by CSMC in the prosecution of any Patent Rights prior to the Option Period. The Exclusive License shall provide that Licensee shall control patent prosecution and be responsible for all Prosecution Costs related to the Patent Rights following its exercise of the Option.
Prosecution Costs. Except as otherwise expressly provided hereunder, Roche shall bear all out-of-pocket costs and expenses of Handling PTC Patent Rights, Roche Patent Rights and Joint Patent Rights, and shall reimburse PTC for any such costs PTC incurs in connection therewith within [**] days after receipt of an invoice from PTC therefor.
Prosecution Costs costs of the filing for, prosecution and maintenance of Sole Patent Rights or Joint Patent Rights under Sections 10.2.1 and 10.2.2 above, in each case incurred after the Effective Date, shall be treated as follows:
Prosecution Costs. All reasonable Out-of-Pocket costs of the Parties or its Affiliates related to the prosecution of the Joint Collaboration Patent Rights (“Shared Prosecution Costs”), will be shared by the Parties in accordance with Article 12 (Payments); [***]. Otherwise, [***].
Prosecution Costs. All costs incurred by DOT-1 after the Effective Date associated with filing, prosecuting, issuing, maintaining, and extending the Patent Rights described in Section 9.2.2 shall, as between the Parties, be borne by DOT-1.
Prosecution Costs. [* * *].
Prosecution Costs. (a) Except as otherwise set forth in this Agreement or any Special Products Ancillary Agreement, Abbott shall be responsible for all costs or expenses incurred by it in the course of preparing, filing, prosecuting and maintaining all (i) Abbott Special Products Patents and Abbott New Product Patents and (ii) Special Products Know-How Patents in the Abbott Territory.
(b) Except as otherwise set forth in this Agreement or any Special Products Ancillary Agreement, AbbVie shall be responsible for all costs or expenses incurred by it in the course of preparing, filing, prosecuting and maintaining all (i) AbbVie Special Products Patents and AbbVie New Product Patents and (ii) Special Products Know-How Patents in the AbbVie Territory.
(c) In the event that a Party does not want to support, or continue to support, the preparation, filing, prosecution or maintenance of any Special Products Know-How Patent in a particular country in such Party’s territory, it shall so notify the other Party in writing and it shall not be obligated to pay for any costs or expenses relating to the preparation, filing, prosecution or maintenance of such Special Products Know-How Patent which are incurred following delivery of such notification. In the event a Party notifies the other Party of its election not to support the preparation, filing, prosecution or maintenance of a Special Products Know-How Patent in a particular country in such Party’s territory pursuant to the provisions of this Section 4.04, then it shall, upon the request of the other, assign to the other, without compensation to the assignor, but at the expense of the assignee, all of the notifying Party’s right, title and interest in and to such Special Products Know-How Patent in such country, and such Special Products Know-How Patent shall thereafter be owned by AbbVie or Abbott, as applicable.
Prosecution Costs reasonable and, costs and expenses incurred, with the Insurer’s prior written consent, by an Insured Person, to bring legal proceedings for a declaration and/or an injunction. Prosecution Costs shall not include the remuneration of any Insured Person, costs of their time or any other costs or overheads of any Company.