Example ContractsClausesJoint Patents
Joint Patents
Joint Patents contract clause examples

Joint Patents. Subject to Section 14.3(b), the Parties shall determine in good faith which Party has the first right, but not the obligation, to Prosecute and Maintain all Joint Collaboration Patents. The Party handling the Prosecution and Maintenance of a given Joint Collaboration Patent shall keep the other Party reasonably informed of the status of such Joint Collaboration Patent and shall promptly provide such other Party with all correspondence received from any patent authority in connection therewith. In addition, the prosecuting Party shall promptly provide the other Party with drafts of all proposed filings and correspondence to any patent authority with respect to such Joint Collaboration Patent for such other Party’s review and comment prior to the submission of such proposed filings and correspondences, and the prosecuting Party shall consider the other Party’s reasonable comments in good faith. The prosecuting Party shall notify the other Party of its intention to suspend or cease any Prosecution and Maintenance of any such Joint Collaboration Patent and in such event, the prosecuting Party shall permit the other Party, at its discretion and at its sole expense, to continue Prosecution and Maintenance of such Joint Collaboration Patent subject to the foregoing information sharing obligation and review and comment rights applied mutatis mutandis.

Joint Patents. If either Party becomes aware of any alleged or threatened Infringement by a Third Party of any Joint Patent, then such Party shall so notify the other Party, and the Parties shall promptly confer and determine # whether to bring such an enforcement action against such Third Party, # the strategy to be employed in connection with any such action, or # the manner in which to settle such action. Unless otherwise agreed, Verrica has the first right, but not the obligation, to bring and control any legal action to enforce any Joint Patents against any Infringement, at its own expense as it reasonably determines appropriate, and Verrica shall consider in good faith the interests of Licensee in such enforcement of any such Patents. Unless otherwise agreed, if Verrica or its designee fails to file an action to abate such Infringement within ​ after a written request from Licensee to do so, or if Verrica discontinues the prosecution of any such action after filing without abating such Infringement, then if such Infringement has not otherwise been abated by Verrica or its designee, Licensee may enforce any Joint Patent against the relevant Infringement, at its own expense as it reasonably determines appropriate, provided that Verrica does not provide reasonable rationale for not doing so or continuing to do so (including a substantive concern regarding counter-claims by the infringing Third Party). The Party not bringing an action under this [Section 10.3(b)(ii)] will be entitled to separate representation in such proceeding by counsel of its own choice and at its own expense and will cooperate fully with the Party bringing such action. Notwithstanding the foregoing, the Party bringing an action under this [Section 10.3(b)(ii)] shall discuss any such action with the other Party, and shall not take any substantive position in any such enforcement proceeding or take any action in such enforcement proceeding that would have the potential to adversely affect or limit the scope, validity, or enforceability of any claim in any of Verrica Patents, Licensee Patents, or Joint Patents.

Joint Patents. If either Party becomes aware of any alleged or threatened Infringement by a Third Party of any Joint Patent, then such Party shall so notify the other Party, and the Parties shall promptly confer and determine # whether to bring such an enforcement action against such Third Party, # the strategy to be employed in connection with any such action, or # the manner in which to settle such action. Unless otherwise agreed, Verrica has the first right, but not the obligation, to bring and control any legal action to enforce any Joint Patents against any Infringement in the Licensed Field, at its own expense as it reasonably determines appropriate, and Verrica shall consider in good faith the interests of Lytix in such CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY ​, HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED

Joint Patents. With respect to any potentially patentable Joint Invention, AstraZeneca shall have the first right, but not the obligation, to prepare patent applications based on such Joint Invention, to file and prosecute (including defense of any oppositions, interferences, reissue proceedings and reexaminations) such patent applications, and to maintain any Joint Patents in any jurisdictions throughout the Territory. If AstraZeneca determines in its sole discretion to abandon, cease prosecution or otherwise not file or maintain any Joint Patent anywhere in the Territory, then AstraZeneca shall provide FibroGen Cayman written notice of such determination at least thirty (30) days before any deadline for taking action to avoid abandonment (or other loss of rights) and shall provide FibroGen Cayman with the opportunity to prepare, file, prosecute and maintain such Joint Patent. The Party that is responsible for preparing, filing, prosecuting, and maintaining a particular Joint Patent (the “Prosecuting Party”) shall provide the other Party reasonable opportunity to review and comment on such prosecution efforts regarding such Joint Patent, and such other Party shall provide the Prosecuting Party reasonable assistance in such efforts. The Prosecuting Party shall provide the other Party with a copy of all material communications from any patent authority in the applicable jurisdictions regarding the Joint Patent being prosecuted by such Party, and shall provide drafts of any material filings or responses to be made to such patent authorities a reasonable amount of time in advance of submitting such filings or responses. In particular, each Party agrees to provide the other Party with all information necessary or desirable to enable the other Party to comply with the duty of candor/duty of disclosure requirements of any patent authority. Either Party may determine that it is no longer interested in supporting the continued prosecution or maintenance of a particular Joint Patent in a country or jurisdiction, in which case: # the disclaiming Party shall, if requested in writing by the other Party, assign its ownership interest in such Joint Patent in such country or jurisdiction to the other Party for no additional consideration; and # if such assignment is effected, any such Joint Patent would thereafter be deemed a FibroGen China Patent in the case of assignment to FibroGen Cayman, or a AstraZeneca Patent in the case of assignment to AstraZeneca; provided, however, that the disclaiming party would have an immunity from suit under such FibroGen China Patent or AstraZeneca Patent, as the case may be, in the applicable country or jurisdiction. In addition, any Joint Patent that becomes a FibroGen China Patent pursuant to the preceding sentence shall be excluded from the license granted to AstraZeneca in

Joint Patents. Except as set forth in Section (e), as between the Parties, [[Aravive:Organization]] shall have the sole right to prepare, file, prosecute and maintain or abandon the Joint Patents in the [[Aravive:Organization]] Territory; provided, however, that [[Aravive:Organization]] does not represent or warrant that any patent will issue or be granted based on patent applications contained in the Joint Patents. Except as set forth in Section (e), as between the Parties, [[3D Medicines:Organization]] shall have the sole right to prepare, file, prosecute and maintain or abandon the Joint Patents in the [[3D Medicines:Organization]] Territory; provided, however, that [[3D Medicines:Organization]] does not represent or warrant that any patent will issue or be granted based on patent applications contained in the Joint Patents. [[Aravive:Organization]] shall provide [[3D Medicines:Organization]] with a copy of the draft prepared for the filing of a Joint Patent in the [[Aravive:Organization]] Territory, before the filing of such Joint Patent and will consider in good faith comments thereto provided by [[3D Medicines:Organization]] in connection with the filing thereof. [[Aravive:Organization]] shall provide [[3D Medicines:Organization]] with regular updates on the prosecution of the [[Aravive:Organization]] Product-Specific Licensed Patents in the Field in the [[3D Medicines:Organization]] Territory and the Joint Patents in the Field in the [[Aravive:Organization]] Territory. For clarity, [[3D Medicines:Organization]] shall not have any rights pursuant to this Agreement with respect to any [[Aravive:Organization]] Licensed Patents in the [[Aravive:Organization]] Territory (including any Step-In Rights relating thereto). [[3D Medicines:Organization]] shall provide [[Aravive:Organization]] with a copy of the draft prepared for the filing of a Joint Patent in the [[3D Medicines:Organization]] Territory, before the filing of such Joint Patent and will consider in good faith comments thereto provided by [[Aravive:Organization]] in connection with the filing thereof. [[3D Medicines:Organization]] shall provide [[Aravive:Organization]] with regular updates on the prosecution of the Joint Patents in the Field in the [[3D Medicines:Organization]] Territory.

Upon receiving notice of the creation of Joint Patents, the Parties shall determine which Party will be responsible for obtaining and maintaining Joint Patents. Such Party (the “Joint Patent Prosecuting Party”) shall prepare, file, prosecute, and maintain all Joint Patents throughout the world, in the names of both [[Forty Seven:Organization]] and Ono. The Joint Patent Prosecuting Party shall provide the other Party an opportunity to review and comment on material documents related to such filing, prosecution and maintenance in accordance with this [Section 10.6.3], which comments the Joint Patent Prosecuting Party shall consider in good faith. Each Party shall at its own cost, sign, or use Commercially Reasonable Efforts to have signed, all legal documents necessary to file and prosecute patent applications or to obtain or maintain patents in respect of such Joint Patents.

Joint Patents. The Parties will ​. INCY will have the first right (but not the obligation) to file, prosecute and maintain Joint Patents and inform Zai Lab of any progress of any such prosecution and maintenance; provided that INCY will consider in good faith any reasonably comments Zai Lab may have on such prosecution and maintenance of the Joint Patents. If INCY decides not to file, prosecute or maintain a Joint Patent, INCY will notify and consult with Zai Lab of such decision or intention at least ​ days prior to the date of a public disclosure, filing deadline, or other event after which patentability of the subject matter could be substantially impaired, or after which such Joint Patent will become abandoned. Zai Lab will thereupon have the right (but not the obligation) to assume the filing, prosecution and maintenance thereof with counsel of its choice. Each Party will provide the other Party all reasonable coordination, assistance and cooperation in the patent prosecution efforts under this Agreement, including providing any necessary powers of attorney and executing any other required documents or instruments for such prosecution or maintenance of Joint Patents.

Joint Patents. The Parties shall establish the patent strategy for the prosecution and maintenance of any Joint Patents, and shall determine, on an Invention-by-Invention basis, which Party shall be responsible for the prosecution and maintenance of such Patents (such Party, the “Prosecuting Party”). In determining the Prosecuting Party, the Parties shall take into account each Party’s intellectual property or Patent position with respect to the relevant Invention. The Prosecuting Party shall keep the other Party reasonably informed of progress with regard to its prosecution and maintenance of any Patents described in this [Section 0], including by providing such other Party with drafts of all proposed substantive filings and correspondence to any relevant patent authority for such other Party’s review and comment prior to the submission of such proposed filings and correspondence. The Prosecuting Party shall consider in good faith the other Party’s comments related to such Patents prior to submitting such filings and correspondence, provided that the other Party provides such comments to the Prosecuting Party within ​ days (or a shorter period reasonably designated by the Prosecuting Party if ​ days is not practicable given the filing deadline) of receiving the draft filings and correspondence from the Prosecuting Party. If the Prosecuting Party seeks to abandon or cease the prosecution or maintenance of any Patent described in this [Section 0] (without initiation of the prosecution and maintenance of a substitution therefor), then the Prosecuting Party shall provide reasonable prior written notice to the other Party of such intention to abandon or cease such prosecution or maintenance (which notice shall be given no later than ​ days prior to the next deadline for any action that must be taken with respect to any such Joint Patent with the patent office). In such case, at the other Party’s sole discretion, upon written notice to the Prosecuting Party, such other Party may elect to continue the prosecution and maintenance of any such Patent described in this [Section 0], and will thereafter be the Prosecuting Party with respect to such Joint Patent. The Parties shall mutually agree on the percentage of expenses that each Party shall bear CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY ​, HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED

(a) ​ will have the first right, but not the obligation, to control and be responsible for all aspects of the Prosecution and Maintenance of all Joint Patents, using counsel selected by ​ and reasonably acceptable to ​. ​ will promptly inform ​ through the Parties’ respective Patent Coordinators as to material developments with respect to the Prosecution and Maintenance of the Joint Patents. ​ will confer with ​ and consider in good faith and reasonably incorporate or implement ​ comments prior to submitting filings and correspondence for the Joint Patents, provided that ​ provides such comments promptly (given the filing deadline) after receiving the draft filings and correspondence from ​. ​ agrees to reasonably cooperate with ​ in the Prosecution and Maintenance of the Joint Patents, including # executing all papers and instruments so as to enable ​ to apply for and to prosecute the Joint Patents to the extent provided for in this Agreement, and # promptly informing ​ of any matters coming to ​ attention that may materially affect the Prosecution and Maintenance of any Joint Patents.

Joint Patents. Each Party shall promptly notify the other Party upon becoming aware of any infringement, imminent infringement, threatened infringement or alleged infringement of any Joint Patent (“Joint Patent Infringement”). The Parties will promptly thereafter meet to discuss in good faith how and whether to proceed to enforce the applicable Joint Patent against such Joint Patent Infringement. If the Parties fail to agree within sixty (60) days, then either Party shall have the right to take any action permitted under applicable law.

Next results

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.