Co-Owned Joint Patents Sample Clauses

Co-Owned Joint Patents. (i) Genevant shall have the first right, but not the obligation, to control the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of all Co-Owned Joint Patents (except Co-Owned Joint Patents that relate primarily to BioNTech Products), at its sole cost and expense and by counsel selected by Genevant and reasonably acceptable to BioNTech. Genevant shall consult with BioNTech and keep BioNTech reasonably informed of the status of such Patents and shall promptly provide BioNTech with all material correspondence received from any patent authority in connection therewith. In addition, Genevant shall promptly provide BioNTech with drafts of all proposed material filings and correspondence to any patent authority with respect to such Patents for BioNTech’s review and comment prior to the submission of such proposed filings and correspondence. Genevant shall confer with BioNTech and consider in good faith BioNTech’s comments prior to submitting such filings and correspondence, provided that BioNTech provides such comments within fourteen (14) days (or a shorter period reasonably designated by Genevant if fourteen (14) days is not practicable given the filing deadline) of receiving the draft filings and correspondence from Genevant. In the event that Genevant desires to abandon or cease prosecution or maintenance of any such Patent in any country or jurisdiction, Genevant shall provide reasonable prior written notice to BioNTech of such intention to abandon (which notice shall, to the extent possible, be given no later than [***] prior to the next deadline for any action that must be taken with respect to any such Patent in the relevant patent office). In such case, upon BioNTech’s written election provided no later than [***] after such notice from Genevant, BioNTech shall have the right to assume prosecution and maintenance of such Patent at BioNTech’s expense. If BioNTech does not provide such election within [***] after such notice from Genevant, Genevant may, in its sole discretion, continue prosecution and maintenance of such Patent or discontinue prosecution and maintenance of such Patent. (ii) BioNTech shall have the first right, but not the obligation, to control the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of Co-Owned Joint Patents that relate primarily to BioNTech Products, at its sole cost and expense and by ...