Common use of Assumption of Patent Prosecution and Maintenance Clause in Contracts

Assumption of Patent Prosecution and Maintenance. Provided Company is in compliance with Section A3.8 (Patent Expense Payment) of Exhibit A (Start-Up License Schedule), University will take all commercially reasonable steps to cause patents and patent applications within the Licensed Patents to be diligently prosecuted and maintained. If Company is in compliance, and University, against Company’s instructions, decides to abandon or allow to lapse any patent application or any claim of any patent included in the Licensed Patents or not pursue patent protection for any foreign patent mutually agreed upon by the Parties under Section 4.2 (Patent Prosecution Decisions), University will notify Company at least sixty (60) days before such decision would be effective, and Company will have the right to file, prosecute, and maintain, as applicable, such patent or patent application at Company’s expense provided Company shall keep University informed of such activity. Company may thereafter abandon or allow to lapse any or all patents or patent applications for which it is responsible. Company will notify University of any abandoned or lapsed patents within thirty (30) days of such abandonment or lapse.

Assumption of Patent Prosecution and Maintenance. Provided Company is in compliance with Section A3.8 (A3.2 “Patent Expense Payment) ” of Exhibit A (Start-Up “License Schedule)”, University will take all commercially reasonable steps to cause patents and patent applications within the Licensed Patents to be diligently prosecuted and maintained. If Company is in compliance, and University, against Company’s instructions, decides to abandon or allow to lapse any patent application or any claim of any patent included in the Licensed Patents or not pursue patent protection for any foreign patent mutually agreed upon by the Parties under Section 4.2 (“Patent Prosecution Decisions)”, University will notify Company at least sixty (60) days before such decision would be effective, and Company will have the right to file, prosecute, and maintain, as applicable, such patent or patent application at Company’s expense provided Company shall keep University informed of such activity. Company may thereafter abandon or allow to lapse any or all patents or patent applications for which it is responsible. Company will notify University of any abandoned or lapsed patents within thirty (30) days of such abandonment or lapse.

Assumption of Patent Prosecution and Maintenance. Provided Company is in compliance with Section A3.8 (“Patent Expense Payment) ” of Exhibit A (“Start-Up License Schedule)”, University will take all commercially reasonable steps to cause patents and patent applications within the Licensed Patents to be diligently prosecuted and maintained. If Company is in compliance, and University, against Company’s instructions, decides to abandon or allow to lapse any patent application or any claim of any patent included in the Licensed Patents or not pursue patent protection for any foreign patent mutually agreed upon by the Parties under Section 4.2 (“Patent Prosecution Decisions)”, University will notify Company at least sixty (60) days before such decision would be effective, and Company will have the right to file, prosecute, and maintain, as applicable, such patent or patent application at Company’s expense provided Company shall keep University informed of such activity. Company may thereafter abandon or allow to lapse any or all patents or patent applications for which it is responsible. Company will notify University of any abandoned or lapsed patents within thirty (30) days of such abandonment or lapse.

Assumption of Patent Prosecution and Maintenance. Provided Company is in compliance with Section A3.8 (Patent Expense Payment) Payment of Exhibit A (Start-Up License Schedule), University will take all commercially reasonable steps to cause patents and patent applications within the Licensed Patents to be diligently prosecuted and maintained. If Company is in compliance, and University, against Company’s instructions, decides to abandon or allow to lapse any patent application or any claim of any patent included in the Licensed Patents or not pursue patent protection for any foreign patent mutually agreed upon by the Parties under Section 4.2 (Patent Prosecution Decisions), University will notify Company at least sixty (60) 60 days before such decision would be effective, and Company will have the right to file, prosecute, and maintain, as applicable, such patent or patent application at Company’s expense provided Company shall keep University informed of such activity. Company may thereafter abandon or allow to lapse any or all patents or patent applications for which it is responsible. Company will notify University of any abandoned or lapsed patents within thirty (30) 30 days of such abandonment or lapse.. COMMERCIALIZATION

Assumption of Patent Prosecution and Maintenance. Provided Company is in compliance with Section A3.8 (A3.7 “Patent Expense Payment) ” of Exhibit A (Start-Up “License Schedule)”, University will take all commercially reasonable steps to cause patents and patent applications within the Licensed Patents to be diligently prosecuted and maintained. If Company is in compliance, and University, against Company’s instructions, decides to abandon or allow to lapse any patent application or any claim of any patent included in the Licensed Patents or not pursue patent protection for any foreign patent mutually agreed upon by the Parties under Section 4.2 (“Patent Prosecution Decisions)”, University will notify Company at least sixty (60) days before such decision would be effective, and [***] Company will have the right to file, prosecute, and maintain, as applicable, such patent or patent application at Company’s expense provided Company shall keep University informed of such activity. Company may thereafter abandon or allow to lapse any or all patents or patent applications for which it is responsible. Company will notify University of any abandoned or lapsed patents within thirty (30) days of such abandonment or lapse.

Assumption of Patent Prosecution and Maintenance. Provided Company is in compliance with Section A3.8 A3.7 (Patent Expense Payment) Payment of Exhibit A (Start-Up License Schedule), University will take all commercially reasonable steps to cause patents and patent applications within the Licensed Patents to be diligently prosecuted and maintained. If Company is in compliance, and University, against Company’s instructions, decides to abandon or allow to lapse any patent application or any claim of any patent included in the Licensed Patents or not pursue patent protection for any foreign patent mutually agreed upon by the Parties under Section 4.2 (Patent Prosecution Decisions), University will notify Company at least sixty (60) 60 days before such decision would be effective, and Company will have the right to file, prosecute, and maintain, as applicable, such patent or patent application at Company’s expense provided Company shall keep University informed of such activity. Company may thereafter abandon or allow to lapse any or all patents or patent applications for which it is responsible. Company will notify University of any abandoned or lapsed patents within thirty (30) 30 days of such abandonment or lapse.

Assumption of Patent Prosecution and Maintenance. Provided Company is in compliance with Section A3.8 (“Patent Expense Payment) ” of Exhibit A (“Start-Up License Schedule)”, University will take all commercially reasonable steps to cause patents and patent applications within the Licensed Patents to be diligently prosecuted and maintained. If Company is in compliance, and University, against Company’s instructions, decides to abandon or allow to lapse any patent application or any claim of any patent included in the Licensed Patents or not pursue patent protection for any foreign patent mutually agreed upon by the Parties under Section 4.2 (“Patent Prosecution Decisions)”, University will notify Company at least sixty (60) days before such decision would be effective, and Company will have the right to file, prosecute, and maintain, as applicable, such patent or patent application in University’s name at Company’s expense provided Company shall keep University informed of such activity. Company may thereafter abandon or allow to lapse any or all patents or patent applications for which it is responsible. Company will notify University of any abandoned or lapsed patents within at least thirty (30) days of prior to such abandonment or lapse.