Examples of Licensor Program Patents in a sentence
The Parties agree to cooperate fully in the preparation, filing, prosecution, and maintenance of the Licensor Program Patents and Joint Patents in the Territory under this Agreement.
At such time, the Parties’ respective patent counsel shall discuss in good faith whether a Patent included in the Licensor Program Patents or Joint Patents should be filed or maintained in the Tier A, Tier B, or Tier C countries included on Schedule 7.2.2. AbbVie shall thereafter pay for the costs and expenses of the prosecution and maintenance of the Licensor Program Patents and Joint Patents incurred after assumption thereof.
AbbVie shall have the sole right to make all Patent filings with Regulatory Authorities in the Territory with respect to Licensor Program Patents and Joint Patents, including as required or allowed (a) in the United States, in the FDA’s Orange Book, and (b) other international equivalents or like procedures.
With respect to Licensor Patents and Joint Patents, Licensor will take all reasonable comments made by, and otherwise act in accordance with the reasonable instructions provided by, AbbVie on matters related to prosecution, maintenance and enforcement related to Licensor Program Patents and Joint Patents.
Licensor shall be solely responsible for the prosecution and maintenance of the Licensor Patents that are not Licensor Program Patents and Joint Patents (such Patents, “Licensor Prosecuted Patents”).
During the Research Term, Licensor shall, through the use of internal or outside counsel reasonably acceptable to AbbVie, prepare, file, prosecute, and maintain the Licensor Program Patents and Joint Patents worldwide, at Licensor’s sole cost and expense except for Joint Patents, the costs of which the Parties shall share equally.
Following the expiration of the Research Term, AbbVie shall take over and assume, through the use of internal or outside counsel reasonably acceptable to Licensor, the prosecution and maintenance of the Licensor Program Patents and Joint Patents worldwide.
AbbVie shall be responsible for making decisions regarding patent term adjustments and patent term extensions, including supplementary protection certificates and any other extensions that are now or become available in the future, wherever applicable, for Licensor Program Patents and any Joint Patents in any country or other jurisdiction and for applying, at its cost and expense, for any extension or supplementary protection certificate with respect to such Patents in the Territory.
AbbVie shall have the sole right to decide whether a European Patent within Licensor Program Patents or Joint Patents should be validated as a Unitary Patent, whether and when such European Patent should be opted out of or opted in to the jurisdiction of the Unified Patent Court (UPC) (including withdrawal of an opt-out), as well as any other issues concerning the jurisdiction of the UPC in connection with Licensor Program Patents or Joint Patents.
AbbVie shall have the first right, but not the obligation, to prosecute any Product Infringement under the Licensor Program Patents and Joint Patents and/or defend any such invalidity, unpatentability or unenforceability claim the Territory (the “AbbVie Prosecuted/Defense Claims”) and AbbVie shall retain control of the prosecution and/or defense of such claim, suit or proceeding.