Patent Prosecution. All applicable and material fees and filings due prior to the Effective Date in connection with the prosecution and maintenance of the Viela Patents listed in Exhibit C in the Territory have been completed.
Institutions Patent Rights will be held in the name of Penn and CHOP and obtained with counsel selected by Penn and reasonably acceptable to Licensee (“Patent Counsel”). Penn shall control all actions and decisions with respect to the filing, prosecution and maintenance of Institutions Patent Rights and will consider in good faith the incorporation of any reasonable comments or suggestions by Licensee with respect to such filing, prosecution and maintenance. Penn will instruct Patent Counsel to copy Licensee on all correspondence related to Institutions Patent Rights (including copies of each patent application, office action, response to office action, request for terminal disclaimer, and request for reissue or reexamination of any patent or patent application) and to interact with Licensee with respect to the preparation, filing, prosecution and maintenance of Institutions Patent Rights. Penn has the right to take action to preserve rights and minimize cost whether or not Licensee has commented, and will use reasonable efforts to not allow any Institutions Patent Rights for which Licensee is licensed and is underwriting the costs to lapse or become abandoned without Licensee’s written authorization under this Agreement, except for filing of continuations, divisionals, or the like that substitute for the lapsed application, provided that, Institutions shall as set forth in this Agreement. For the purposes of this Agreement, “maintenance” of the Institutions Patent Rights includes inter partes patent review proceedings before the USPTO or a similar patent administration outside the US. For further clarity, validity challenges raised in infringement litigation will be handled per Section 5.4, Infringement.
Patent Prosecution. Subject to the rights of Biogen Idec under the Millennium-Biogen Agreement:
#[[Senomyx:Organization]] Owned Patents. As of the Fifth Amendment Effective Date, [……] shall have [……] of the patents and patent applications (including without limitation divisional applications and utility models) licensed to [[Firmenich:Organization]], using [……]. [……] expects [……] patent applications in at least the following jurisdictions: [……]. [……] will be [……], unless [……] elects not to pursue such activities as provided in Section 12.2 below. [[Firmenich:Organization]] will reasonably confer with [[Senomyx:Organization]] [……] and shall [……] with patent offices with regard to the licensed patent applications and patents. the parties will discuss in good faith a filing strategy, and the parties will discuss and agree [……] before the due date of international filings or [……] before the due date of 30-month national phase filings, in which countries/regions to file patent applications claiming selected compounds.
Patent Prosecution and Maintenance. For all Institute-Funded Inventions for which patent protection is pursued, RECIPIENT shall provide an annual written report to the INSTITUTE regarding the status of pending applications and issued patents that are Institute-Funded IPR.
Patent Prosecution and Maintenance. For purposes of this Section 10.2 the terms “prosecution” and “maintenance” (including variations such as “prosecute” and “maintain”) means, with respect to a Patent, the preparation, filing, prosecution (including conducting all correspondence and interactions with any patent office and seeking, conducting and defending any interferences, inter partes reviews, reissue proceedings, reexaminations, and oppositions and similar proceedings) and maintenance (including payment of any patent annuity fees) of such Patent, as well as re-examinations, reissues, appeals, post grant reviews (PGR), inter partes reviews (IPR) and requests for patent term adjustments, patent term extensions, supplementary protection certificates, or their equivalents with respect to such Patent, and the initiation or defense of interferences, oppositions and other similar proceedings with respect to the particular Patent, and Confidential
Patent Prosecution and Maintenance. For purposes of this [Section 0], the terms “prosecution” and “maintenance” (including variations such as “prosecute” and “maintain”) means, with respect to a Patent, the preparation, filing, prosecution (including conducting all correspondence and interactions with any patent office and seeking, conducting and defending all 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
Patent Filing, Prosecution and Maintenance. Subject to the foregoing, the responsibility for filing, prosecuting and maintaining Patent Rights shall be as follows:
Patent Prosecution and Maintenance. Subject to IMMEDICA’s rights set forth in [Section 9.5.3], the LICENSOR will be responsible for filing, prosecuting (including in connection with any reexaminations, oppositions and the like) and maintaining in the Territory the Licensed Patents in LICENSOR’s name at LICENSOR’s own cost and expense.
The Parties’ rights and obligations with respect to rights licensed to Puma pursuant to the Pfizer License Agreement that are sublicensed to Pint under this Agreement are expressly subject to the terms of the Redacted Pfizer License Agreement. The Parties agree to cooperate reasonably with Pfizer with respect to matters described under this Agreement to the extent required by the Redacted Pfizer License Agreement.
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.