Example ContractsClausesPatent Expenses
Patent Expenses
Patent Expenses contract clause examples

Patent Expenses. Licensee will reimburse Licensor for the past patent expenses stated in Section 3.1(a) of the Patent License Agreement within thirty (30) days after the Effective Date. The stated amount is the current estimate for past patent expenses based on invoices received by the Licensor through the stated date. Licensee’s obligations to pay all past and future patent expenses pursuant to Section 6 (Patent Expenses and Prosecution) will not be limited by such amount.

. ​ Patent claiming or covering a Collaboration Compound, Monospecific Compound, Modified Compound or Product should be extended, and thereafter ​ in obtaining patent term restorations, supplemental protection certificates or their equivalents, and other forms of patent term extensions for a given Collaboration Compound, Monospecific Compound, Modified Compound or Product with respect to any applicable ​ in any country or region where applicable. The Parties shall also cooperate in addressing all issues relating to patent linkage in any country or region where applicable. ​ shall have final decision making authority with respect to all decisions regarding such patent term extensions or regarding issues of patent linkage.

Licensee shall reimburse Licensor for all past documented, out-of-pocket expenses incurred by Licensor for filing, prosecuting, enforcing, defending and maintaining Patent Rights and related patent searches through the Effective Date of the Agreement, including those identified in Section 3.1(a) of the Patent License Agreement, and all such future expenses incurred by Licensor, for so long as, and in such countries as the Agreement remains in effect. Licensee will reimburse such patent expenses, within thirty (30) days after Licensee’s receipt of an invoice, with such payment being made either directly to Prosecution Counsel or to Licensor, as elected by Licensor in writing on or before the date of the applicable invoice. Patent expense payment delinquencies (whether owed directly to Prosecution Counsel or to Licensor) that are not in dispute in good faith will be considered a payment default under Section 7.3(a).

Licensee shall pay for # the amount identified in [Section 3.1(a)] of the Agreement, # all documented, out-of-pocket expenses incurred by Licensor for filing, prosecuting, defending and maintaining Patent Rights and related patent searches from the date indicated in [Section 3.1(a)] of the Agreement through the Effective Date of the Agreement, and # all such future expenses incurred and documented by Licensor, for so long as, and in such countries as the Agreement remains in effect. Licensee will pay all patent expenses (except for the payment called for under [Section 3.1(a)] of the Agreement), including past expenses that have not been invoiced as of the date indicated in [Section 3.1(a)] of the Agreement and future expenses, within 30 days after Licensee’s receipt of an invoice. At the election of Licensor, Licensee will either pay Prosecution Counsel directly for patent expenses or will reimburse Licensor for such patent expenses. Patent expense payment delinquencies (whether owed directly to Prosecution Counsel or to Licensor) will be considered a payment default under [Section 7.3(a)].

Subject to Section 3.1(a), except as described below in this Section 6.1, Licensee shall pay for all patent services expenses, if any, incurred by Licensor following the Effective Date of this Agreement, ​

Subject to Section 3.1(a), except as described below in this Section 6.1, Licensee shall pay for all patent services expenses, if any, incurred by Licensor following the Effective Date of this Agreement, for filing, prosecuting, defending, and maintaining Patent Rights and related patent searches and all such future expenses incurred by Licensor, for so long as, and in such countries as, the Agreement remains in effect. Licensee will pay all such expenses within 30 days after Licensee’s receipt of an invoice from Licensor. Nothing in this Section 6.1 shall affect Licensee’s ability to select legal counsel of its own choosing to perform such patent services, at Licensee’s sole expense. Except as described in Section 3.1(a), Licensor is not aware of any pending, unpaid patent services expenses as described in this Section 6.1.

Reimbursement of Patent Expenses. [Schedule 5.2] sets forth a list of all out-of-pocket expenses incurred by Licensor as of the Effective Date in connection with the preparation, filing, Prosecution, and maintenance of the Licensor Patent Rights in ​, including all fees and other amounts paid to any Patent Office in such countries. No later than ​ after receipt of a written invoice from Licensor on or after the Effective Date, Licensee will pay to Licensor a one-time payment of all amounts set forth on [Schedule 5.2] in cash in immediately available funds by wire transfer, in accordance with wire instructions to be given by Licensor to Licensee.

Patent Expenses. Licensee will reimburse Licensor for the past patent expenses stated in [Section 3.1(a)] of the Agreement within ​ after the Effective Date. The stated amount is the current estimate for past patent expenses based on invoices received by the Licensor through the stated date. Licensee’s obligations to pay all past and future patent expenses pursuant to Section 6 (Patent Expenses and Prosecution) will not be limited by such amount.

Licensee agrees that all Licensed Products Sold by Licensee, Subsidiaries, or Sublicensees will be legibly marked with the number of any applicable patent(s) licensed hereunder as part of the Patent Rights in accordance with each country’s patent marking laws, including Title 35, U.S. Code, or if such marking is not practicable, shall so mark the accompanying outer box or product insert for Licensed Products accordingly. Licensee will not engage in false marketing of Licensed Products and Licensee will be responsible for any damages and penalties imposed for false marketing claims.

Patent Expenses. Licensee shall pay all costs associated with the preparation, filing, prosecution, and maintenance of all patent applications filed and patents obtained, which are included in the Patent Rights.

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