Abandonment of Patent Rights. Should GBT decide that it does not desire to Handle a Patent Right that claims an Invention owned by GBT as provided in this Agreement, it shall promptly advise Roche thereof. At the written request of Roche, GBT shall then, at no cost to GBT, assign such Patent Right in such country or countries in the Territory to Roche, and Roche may thereafter Handle the same at Roche’s own cost, to the extent that Roche desires to do so. Should Roche decide that it does not desire to Handle any Patent Right that is licensed to GBT under this Agreement, it shall promptly advise GBT thereof and cease any payments relating to the Handling of such Patent Right after [***] following such advice. At the written request of GBT Roche shall, at no cost to Roche, assign such Patent Right in such country or countries to GBT, and GBT may thereafter Handle the same at GBT’s own cost, to the extent that GBT desires to do so.
Abandonment of Patent Rights. Abbott may elect to discontinue payment for the costs and expenses of preparation, filing, Prosecution, validation or maintenance of any Program Patent Right pursuant to Section 12.1(b) or Neurocrine Patent Right pursuant to Section 12.1(c) on a country-by-country and application-by-application or patent-by-patent basis, at any time and in its sole discretion. If Neurocrine thereafter chooses to resume the preparation, filing, Prosecution, validation or maintenance of any Program Patent Rights […***…] or Neurocrine Patent Right, the licenses to Abbott hereunder with respect to such applications or patents shall terminate and Neurocrine will own sole right, title and interest in and to such applications or patents.
Abandonment of Patent Rights. The Lead Institution shall not abandon the prosecution of any patent application (except in favor of a continuation, divisional or continuation-in-part application) or the maintenance of any Patent Rights without notifying the Other Institution(s) in writing at least 90 days in advance of any applicable deadline and allowing the Other Institution(s) the opportunity to prosecute or maintain such Patent Rights at its sole expense in the name of Other Institution(s) and Lead Institution in accordance with paragraph 2.4.
Abandonment of Patent Rights. If CureVac elects to cease the filing, prosecution, maintenance and/or defense of a CureVac Licensed Patent Right or if BI elects not to participate in filing of a patent application on a Joint Invention or to cease the prosecution, maintenance or defense of any Joint Patent Right, a CV9202 Specific Patent Right or an Assigned Patent Right in any country of the Territory, such Party shall provide the other Party with written notice immediately upon the decision to abandon the filing, prosecution, maintenance and/or defense of such CureVac Licensed Patent Right, Joint Patent Right, CV9202 Specific Patent Right or Assigned Patent Right, as the case may be, in any event, however, not later than [*****] before any relevant deadline relating to or any public disclosure of the relevant Patent Rights. In such event, the abandoning Party shall permit the other Party, at such other Party's sole discretion, to take over or continue, as the case may be, the filing, prosecution, maintenance and defense of such Patent Right on behalf of and in the name of the owner of such Patent Right and at such other Party's own expense. If the abandoning Party was also the prosecuting Party and if the other Party elects to take over and continue such filing, prosecution, maintenance and defense, the abandoning Party shall execute such documents and perform such acts, at the expense of the Party taking over prosecution, as may be reasonably necessary to permit such Party to take over and continue the filing, prosecution, maintenance and/or defense of such Patent Right on behalf and in the name of the respective owner or co-owners of such Patent Right and at its own expense. For the avoidance of doubt, the abandoning Party shall remain an owner or co-owner of the abandoned Patent Right but has no further say in the filing, prosecution, maintenance and defense of the Patent Right, provided, however, that the prosecuting Party shall timely inform such abandoning Party if it is decided to finally abandon the respective Patent Right, in which event the other Party shall have the right to assume sole responsibility for ongoing prosecution, maintenance and defense of such Patent Right in accordance with this Section 9.5. EXCLUSIVE COLLABORATION AND LICENSE AGREEMENT CONFIDENTIAL EXECUTION VERSION
Abandonment of Patent Rights. At least [*** Confidential] prior to any potential ABANDONMENT of any pending or issued PATENT by AMI, AMI shall provide written notice to USC, and AMI shall not ABANDON any PATENT without the prior written consent by USC, such written consent not to be unreasonably withheld, conditioned or delayed. Upon USC’s consent and AMI’s election to ABANDON any PATENT, all rights granted by USC under said PATENT and AMI’s patent prosecution and maintenance obligations shall revert to USC.
Abandonment of Patent Rights. In the event that WAVE intends to abandon (e.g. by non-payment of fees) any patent or patent application within the Patent Rights in a certain country, WAVE shall notify MI hereof in writing in due time, at least [***] months prior to taking action or not taking action that will result in abandonment. MI (and (SIS) shall have the right, but not the obligation, to maintain such Patent Right in such country in its sole discretion and at its sole expense. In any event, such Patent Rights shall no longer be covered by this Agreement after [***] months from the date WAVE informs MI of its abandonment, and WAVE shall remain obliged to pay its respective patent costs share that arise during such [***] months-period.
Abandonment of Patent Rights. Should CinCor decide that it does not desire to Handle a Patent Right in a certain country or countries in the Territory that claims an invention conceived or reduced to practice as a result of its activities under the Agreement, it shall promptly advise Roche thereof. At the written request of Xxxxx, CinCor shall then, at no cost to Roche, assign such Patent Right in such country or countries in the Territory to Roche, and Roche may thereafter Handle the same at Roche’s own cost, to the extent that Roche desires to do so. If Xxxxx wants to abandon any Patent Right that is licensed to CinCor under this Agreement, then, prior to abandonment, it shall promptly advise CinCor thereof. At the written request of CinCor, Roche shall then, at CinCor’s cost, assign such Patent Rights to CinCor, and CinCor may thereafter Handle the same at CinCor’s own cost, to the extent that CinCor desires to do so, provided however that such Patent Rights shall still be deemed Roche Patent Rights for the purpose of calculating the royalties under this Agreement.
Abandonment of Patent Rights. If Dicerna or Xxxxx elects to cease the filing, prosecution, maintenance and/or defense of a Patent Right for which Dicerna or Lilly, as applicable, is in control of the filing, prosecution, maintenance and/or defense pursuant to Section 10.6.2 or 10.6.3 in any country of the Territory, Dicerna or Lilly, as applicable, shall provide the other Party with notice promptly following its decision to abandon the filing, prosecution, maintenance and/or defense of such Patent Right, but in no event later than sixty (60) days before the next relevant deadline relating to or any public disclosure of the relevant Patent Right. In such event, the abandoning Party shall permit the other Party, at such other Party’s sole discretion, to take over or continue, as the case may be, the filing, prosecution, maintenance and defense of such abandoned Patent Right on behalf of and in the name of the abandoning Party, but at the other Party’s own expense. If such other Party elects to take over and continue such filing, prosecution, maintenance or defense, the abandoning Party shall execute such documents and perform such acts, at the other Party’s expense, as may be reasonably necessary to permit such other Party to take
Abandonment of Patent Rights. In the event that ACT receives a notice from the Licensor under Section 5.2 of the Kirin License Agreement, ACT shall promptly, but in no even later than five (5) days after receiving such notice, deliver a copy of such notice to ES. ACT and ES shall confer regarding what action, if any, to take to preserve any PATENT RIGHTS that might otherwise be abandoned by Licensor. ES shall have the right, but not the obligation, to take any and all actions that ACT is entitled to take under Section 5.2 of the Kirin License Agreement. ACT and ES agree to reasonably cooperate in connection with the preparation, filing, prosecution, and maintenance of the PATENT RIGHTS under this Section. Cooperation includes, without limitation, (a) promptly executing all papers and instruments or requiring employees of ACT or ES to execute papers and instruments as reasonably appropriate to enable ES to file, prosecute, and maintain PATENT RIGHTS in any country; and (b) promptly informing ES of matters that may affect preparation, filing, prosecution, or maintenance of PATENT RIGHTS (such as becoming aware of an additional inventor who is not listed as an inventor in a patent application).
Abandonment of Patent Rights. Licensee shall promptly notify Licensor in the event Licensee decides at any time to abandon or discontinue prosecution or maintenance of any one or more of the Patent Rights or not to file any counterpart application in any country. Such notification shall be given as early as possible which in no event shall be less than thirty (30) days prior to the date on which such Patent Rights become abandoned. After receipt of Licensee’s notice, Licensor shall have the option at its sole expense, but not the obligation, exercisable upon written notification to Licensee, to assume full responsibility for the prosecution of the patent applications and maintenance of the issued patents that are referenced in Licensee’s notice, in which event the applicable patent applications and issued patents shall be removed from the definition of Patent Rights and no longer be subject to this Agreement. If Licensor assumes full responsibility for the prosecution of any such affected patent applications or issued patents in accordance with this Section 7.2, Licensee will promptly deliver to Licensor a copy of the patent files for the applicable patent application or issued patent.
