Responsibility for Patent Rights. (a) University has primary responsibility at the expense of Company for the preparation, filing, prosecution, and maintenance of all Patent Rights, using patent counsel reasonably acceptable to Company. University shall consult with Company as to the preparation, filing, prosecution, and maintenance of all Patent Rights reasonably prior to any deadline or action with the United States Patent & Trademark Office or any foreign patent office and shall furnish Company with copies of relevant documents reasonably in advance of consultation. University shall consider in good faith any comments of Company on any patent filings for the Patent Rights.
Responsibility for Patent Rights. M.I.T. shall prepare, file, prosecute, and maintain all of the PATENT RIGHTS. COMPANY shall have reasonable opportunities to advise M.I.T. and shall cooperate with M.I.T. in such filing, prosecution and maintenance.
Responsibility for Patent Rights. M.I.T. shall prepare, file, prosecute, and maintain all of the PATENT RIGHTS. COMPANY shall have reasonable opportunities to advise M.I.T. and shall cooperate with M.I.T. in such filing, prosecution and maintenance. M.I.T. shall instruct its patent counsel to copy COMPANY on all patent prosecution documents relating to the PATENT RIGHTS and shall provide COMPANY a reasonable opportunity to review and comment on such materials. M.I.T. shall consider in good faith any comments received from COMPANY relating to prosecution and maintenance of the PATENT RIGHTS (including, without limitation, comments from COMPANY that prosecution and maintenance efforts for any PATENT RIGHT should be discontinued). M.I.T. shall not abandon any of the PATENT RIGHTS for which COMPANY is bearing expenses without COMPANY’s prior written consent. In the event that COMPANY desires to discontinue its support of any patent or patent application within the PATENT RIGHTS in any particular country or countries, COMPANY shall provide M.I.T. with at least [***] days prior written notice of such intended discontinuance of support. In such event, on a country-by-country basis, (i) any such patent or patent application (the “RETURNED RIGHTS”) shall be removed from the definition of PATENT RIGHTS under this Agreement, (ii) the licenses granted to COMPANY and its AFFILIATES as to such RETURNED RIGHTS shall terminate, (iii) COMPANY shall have no further obligation with respect to such RETURNED RIGHTS pursuant to Section 6.3, and (iv) M.I.T. shall have the unrestricted right to license such RETURNED RIGHTS to third parties. Notwithstanding the foregoing, M.I.T. may elect, at its sole discretion, acting reasonably and in good faith, on a country-by-country basis, as an alternative to terminating the licenses granted to COMPANY and its AFFILIATES to such RETURNED RIGHTS as set forth in clause (ii) above, (I) to terminate the exclusivity of the license with respect to such RETURNED RIGHTS in the applicable country and (II) to continue to prosecute and maintain the RETURNED RIGHTS at its own expense. If M.I.T. makes such election, COMPANY and its AFFILIATES (A) shall retain a non-exclusive license under the RETURNED RIGHTS in the applicable country, and (B) will be obligated to pay a royalty on NET SALES of LICENSED PRODUCTS and LICENSED PROCESSES at a rate that is [***] percent ([***]%) of the rates set forth in Section 4.1(d) in the countries where it has non-exclusive rights, and M.I.T. shall have...
Responsibility for Patent Rights. Title to all Patent Rights shall remain with ST. JUDE and ST. JUDE shall retain primary responsibility for the drafting, filing, prosecution, and maintenance of all Patent Rights. ST. JUDE shall appoint and retain external patent counsel approved by AMT. ST. JUDE shall keep AMT informed of all developments including promptly furnishing AMT with all patent office communications. ST. JUDE shall, to the satisfaction of AMT, implement all reasonable requests of AMT with respect to the drafting, filing, prosecution, and maintenance of all Patent Rights.
Responsibility for Patent Rights. M.I.T. shall prepare, file, prosecute, and maintain all of the PATENT RIGHTS. COMPANY shall have reasonable opportunities to advise M.I.T. and shall cooperate with M.I.T. in such filing, prosecution and maintenance. M.I.T. will instruct its patent attorney to copy COMPANY on all patent prosecution documents relating to PATENT RIGHTS during the TERM.
Responsibility for Patent Rights. XXXXXXXXX and/or DFCI, in its/their sole discretion, shall prepare, file, prosecute, and maintain all of the PATENT RIGHTS. For purposes of this Agreement, patent prosecution includes ex parte prosecution, interference proceedings, reissues, reexaminations and oppositions. As long as the license remains in whole or in part exclusive, XXXXXXXXX and/or DFCI shall provide, or cause its agent to provide, on a timely basis copies of relevant correspondence between XXXXXXXXX and/or DFCI and the United States Patent Office or the various foreign patent offices and give COMPANY reasonable opportunity to advise XXXXXXXXX and/or DFCI or XXXXXXXXX’x and/or DFCI’s counsel on such matters. COMPANY shall designate an individual or department for receiving the patent-related correspondence. COMPANY shall have reasonable opportunities to consult with and advise XXXXXXXXX and/or DFCI. XXXXXXXXX and/or DFCI shall consider the legitimate interests of COMPANY in performing its responsibility under this Section 6.1 and consider all reasonable comments from COMPANY regarding same COMPANY shall cooperate with XXXXXXXXX and/or DFCI in such filing, prosecution and maintenance. To the extent that XXXXXXXXX and/or DFCI uses outside patent counsel for the foregoing activities, COMPANY (and its outside patent counsel) will have direct access to such patent counsel for XXXXXXXXX and/or DFCI in coordination with the following individual or department, who will have primary responsibility for such requests by COMPANY. WHITEHEAD DFCI Xxxxxxxxx Institute for Biomedical Research 0 Xxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: Intellectual Property Office Attorney for Intellectual Property Office of General Counsel Xxxx-Xxxxxx Cancer Institute, Inc. 000 Xxxxxxxxx Xxx. Xxxxxx, XX 00000
Responsibility for Patent Rights. Avro will assume responsibility for the preparing, filing, prosecuting, maintaining and defending in all agency proceedings (e.g., reissues, reexaminations, oppositions and interferences), using patent counsel reasonably acceptable to UHN, patent rights within the Licensed Technology to the extent such patent rights are relevant to the Field of Use, or Avro is otherwise deemed to be responsible for prosecution in accordance with the terms of a Sponsored Research Agreement (“Field Patent Rights”) during the Term. Avro shall copy UHN on all patent prosecution documents and give UHN reasonable opportunities to advise Avro on such filing, prosecution and maintenance. In the event Avro desires to abandon any patent or patent application within the Field Patent Rights, Avro shall provide UHN with reasonable prior written notice of such intended abandonment or decline of responsibility. If UHN elects to continue such patent or patent application, the Parties shall consult and Avro may elect to retain responsibility therefor. Otherwise, the right to prepare, file, prosecute, maintain and defend the relevant Field Patent Rights, at UHN’s expense, shall revert to UHN. In such event, such UHN paid-for rights shall be removed from the definition of Licensed Patents under this Agreement and the licenses granted to Avro and its Affiliates as to such rights shall terminate. UHN retains its rights to prepare, file, prosecute, and maintain, and defend in all agency proceedings (e.g. reissues, reexaminations, oppositions and interferences), at UHN’s expense, patent rights within the Licensed Technology that are relevant outside the Field of Use (“UHN Patent Rights”). To the extent that patent rights are relevant both inside and outside the Field of Use, during the Option Term the Parties shall work cooperatively to make decisions with respect to preparing, filing, prosecuting, maintaining and defending such patent rights in all agency proceedings such that neither Party’s rights are jeopardized. *** Confidential Treatment Requested ***
Responsibility for Patent Rights. (a) XXXXXXXXX shall prepare, file, prosecute, and maintain all of the PATENT RIGHTS.
Responsibility for Patent Rights. (a) University has primary responsibility at the expense of Company for the preparation, filing, prosecution, and maintenance of all Patent Rights, using patent counsel reasonably acceptable to Company. University shall consult with Company as to the preparation, filing, prosecution, and maintenance of all Patent Rights reasonably prior to any deadline or action with the United States Patent & Trademark Office or any foreign patent office CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. (in any event, at least forty-five (45) days in advance of such deadline or due date for such action) and shall furnish Company with copies of relevant documents reasonably in advance of consultation. University shall consider in good faith any comments of Company on any patent filings for the Patent Rights with application to the Field. Company shall have the right, at its expense, to propose relevant divisional, continuation, and CIP applications with input from University. University will accept all reasonable comments from Company in connection with the preparation, filing, prosecution and maintenance of the Patent Rights with application to the Field.
Responsibility for Patent Rights. XXXXXXXXX shall prepare, file, prosecute, and maintain all of the PATENT RIGHTS. XXXXXXXXX shall instruct counsel to copy COMPANY on all draft material correspondence and draft submissions relating to the PATENT RIGHTS so that COMPANY may review and comment on same. COMPANY will have reasonable opportunities to advise XXXXXXXXX regarding prosecution of the PATENT RIGHTS, and which, if any, of the PATENT RIGHTS shall be subject to patent term extension, ***Confidential Treatment Requested*** ***Text Omitted and Filed Separately with the Securities and Exchange Commission Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 240.24b-2 supplementary protection certificate or similar extensions, and XXXXXXXXX shall reasonably consider all comments from COMPANY. XXXXXXXXX shall not abandon, or otherwise elect to forego its rights in, any PATENT RIGHTS without COMPANY’S prior written consent, which consent shall not be unreasonably withheld. COMPANY shall cooperate with XXXXXXXXX in such filing, prosecution and maintenance.
