Common use of Abandonment of Patent Rights Clause in Contracts

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. If CureVac either Party elects to cease the filing, prosecution, maintenance and/or defense of a CureVac Licensed Patent Right for which Dicerna or if BI elects not to participate Novo, as applicable, is in filing control of a patent application on a Joint Invention or to cease the filing, prosecution, maintenance or and/or defense of any Product-Specific Patents pursuant to Section 10.7.2 or Joint Patent Right, a CV9202 Specific Patent Right or an Assigned Patent Right Rights pursuant to Section 10.7.3 in any country of the Territory, such the abandoning Party shall provide the other Party with written notice immediately upon the promptly following its 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, but in any event, however, not no event later than [***** * *] before any the next relevant deadline relating to or any public disclosure of the relevant Patent RightsRight. In such event, the abandoning Party shall permit the other Party, at such other Party's ’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 owner of such Patent Right and abandoning Party, but at such the other Party's ’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 or defense, the abandoning Party shall execute such documents and perform such acts, at the expense of the Party taking over prosecutionother Party’s expense, as may be reasonably necessary to permit such the other Party to take over and continue the filing, prosecution, maintenance and/or defense of such abandoned Patent Right on behalf and in the name of the respective owner or co-owners of such Patent Right abandoning Party and at its the other Party’s own expense. For the avoidance of doubt, the abandoning Party shall remain an owner or co-the owner of the abandoned Patent Right Right(s) but has shall have no further say in the filing, prosecution, maintenance and defense of the such abandoned Patent Right, Right(s); provided, however, that the prosecuting other Party shall timely inform such the abandoning Party if it is decided too decides to finally abandon the respective Patent Right, in which event the other abandoning Party shall have the right to re-assume sole responsibility for ongoing prosecution, maintenance and defense of such abandoned Patent Right in accordance with this Section 9.510.7.4. EXCLUSIVE COLLABORATION AND LICENSE AGREEMENT CONFIDENTIAL EXECUTION VERSIONNotwithstanding the foregoing, if Novo determines, in its sole discretion following good faith discussions with Dicerna, that any such abandonment is necessary to avoid detrimental effect to any Product-Specific Patent or Joint Patent Right, then, subject to Sections 10.7.2 and 10.7.3, Dicerna shall have no right pursuant to this Section 10.7.4 to elect to take over and continue the filing, prosecution, maintenance or defense of such Product-Specific Patent or Joint Patent Right.

Abandonment of Patent Rights. If CureVac Lilly elects to cease the filing, prosecution, maintenance maintenance, enforcement 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 Lilly shall provide the other Party Centrexion with written notice immediately upon the Notice promptly following its decision to abandon the filing, prosecution, maintenance maintenance, enforcement 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, but in any event, however, not no event later than [***] ([**] *]) days before any the next relevant deadline relating to or any public disclosure of the relevant Patent RightsRight. In such event, the abandoning Party Lilly shall permit the other PartyCentrexion, at such other Party's Centrexion’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 owner of such Patent Right and at such other original owning Party's own expense, [***]. If the abandoning Party was also the prosecuting Party and if the other Party Centrexion elects to take over and continue such filing, prosecution, maintenance and or defense, the abandoning Party Lilly 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 Centrexion to take over and continue the filing, prosecution, maintenance and/or defense of such abandoned Patent Right on behalf and in the name of the respective owner or co-owners of original owning Party and [***]. Notwithstanding the foregoing, if Lilly determines, in its reasonable discretion, that any such abandonment is necessary to avoid detrimental effect to any Patent Right directed to a Compound or Product, then Centrexion shall have no right pursuant to this Section 7.6.2 to elect to take over 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 continue 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 or defense of such Patent Right in accordance with this Section 9.5. EXCLUSIVE COLLABORATION AND LICENSE AGREEMENT CONFIDENTIAL EXECUTION VERSIONRight.