Common use of Abandonment of Prosecution Clause in Contracts

Abandonment of Prosecution. Each Party will notify the other Party in the event it desires to abandon its efforts to file, prosecute, maintain or conduct any interferences, re-examinations, reissues and oppositions with respect to its Sole Patent Rights under this Section 10.2 or Section 16.8.2 or Joint Patent Rights for which it is responsible under Section 10.2.2. Notification will be given within a reasonable period (i.e., with sufficient time for such other Party to take whatever action may be necessary) prior to the date on which such Sole Patent Rights or Joint Patent Rights will lapse, go abandoned (other than to file a continuation application for the same subject matter) or otherwise diminish. Such non-abandoning Party will then have the right, exercisable upon written notification to such abandoning Party, to assume full responsibility, at its discretion and its sole cost and expense, to file, prosecute, maintain or conduct any interferences, re-examinations, reissues and oppositions in such country or countries. Should the non-abandoning Party exercise such right, the abandoning Party shall execute such documents and perform such acts as may be reasonably necessary for the non-abandoning Party to prepare, file, prosecute or maintain such Sole Patent Rights or Joint Patent Rights. Thereafter, the non-abandoning Party shall solely own such Sole Patent Rights or Joint Patent Rights and the abandoning Party shall promptly assign its entire interest in such Sole Patent Rights or Joint Patent Rights. The abandoning Party shall have the right to practice and otherwise exploit the inventions claimed in such Sole Patent Rights or Joint Patent Rights to the extent provided by the applicable license rights granted under Article 9.

Abandonment of Prosecution. Each The Prosecuting Party will notify the other Party in the event it desires to abandon its efforts to file, prosecute, maintain or conduct any interferences, re-examinations, reissues and oppositions with respect to its Sole the prosecution and maintenance of any Patent Rights being prosecuted by the Prosecuting Party under this Section 10.2 10.2, to the extent such Patent Rights pertain to the Licensed Products in the Field in the Shire Territory or Section 16.8.2 or the Joint Patent Rights for which it is responsible under Section 10.2.2Rights. Notification will be given within a reasonable period (i.e., with sufficient time for such other Party to take whatever action may be necessary) prior to the date on which such Sole Patent Rights or Joint Patent Rights will lapse, go abandoned (other than to file a continuation application for the same subject matter) or otherwise diminishdiminish (but not less than sixty (60) days). Such non-abandoning other Party (the “Acting Party”) will then have the right, exercisable upon written notification to such abandoning the Prosecuting Party, to assume full responsibility, at its discretion and its sole cost and expense, to file, prosecute, maintain or conduct any interferences, re-examinations, reissues and oppositions in such the Shire Territory, or in the case of Joint Patent Rights, any country or countries. Should ; provided that, in the non-abandoning case of Shire being the Acting Party exercise such right, the abandoning Party shall execute such documents and perform such acts as may be reasonably necessary for the non-abandoning Party with respect to prepare, file, prosecute or maintain such Sole Patent Rights or (other than Joint Patent Rights. Thereafter) Controlled by Amicus, the non-abandoning Party such right shall solely own such Sole Patent Rights or Joint Patent Rights and the abandoning Party shall promptly assign its entire interest in such Sole Patent Rights or Joint Patent Rights. The abandoning Party shall have the right to practice and otherwise exploit the inventions claimed in such Sole Patent Rights or Joint Patent Rights be limited to the extent provided by such Patent Rights pertain to a Licensed Product in the applicable license rights granted under Article 9Field in the Shire Territory.