Common use of Collaboration Patents Clause in Contracts

Collaboration Patents. (i) Astellas shall be responsible for filing, prosecuting and maintaining any Collaboration Patents, [*]. Astellas shall consult with Cytokinetics and keep Cytokinetics reasonably informed of the status of the Collaboration Patents and shall promptly provide Cytokinetics with copies of material correspondence received from any patent authorities in connection therewith. In addition, Astellas shall promptly provide Cytokinetics with drafts of all proposed material filings and correspondences to any patent authorities with respect to the Collaboration Patents for Cytokinetics’ review and comment prior to the submission of such proposed filings and correspondences. Astellas shall confer with Cytokinetics and reasonably consider Cytokinetics’ comments prior to submitting such filings and correspondences, provided that Cytokinetics shall provide such comments within [*] days of receiving the draft filings and correspondences from Astellas. If Cytokinetics does not provide comments within such period of time, then Cytokinetics shall be deemed to have no comment to such proposed filings or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance of such Collaboration Patents, the final decision shall be made by Astellas, subject to subsection (ii) below. (ii) Astellas shall notify Cytokinetics in writing of any decision to cease prosecution and/or maintenance of, any Collaboration Patents in any country. Astellas shall provide such notice at least [*] days prior to any filing or payment due date, or any other due date that requires action in order to avoid loss of rights, in connection with such Collaboration Patent. In such event, Astellas shall permit Cytokinetics, at its discretion and expense, to continue prosecution or maintenance of such Collaboration Patent in such country, and for as long as Cytokinetics assumes such prosecution and maintenance at its own costs, such Collaboration Patent shall be [*].

Collaboration Patents. (ia) Astellas Felicitex shall be responsible have the sole right (but not the obligation) to Prosecute and Maintain the Collaboration Patents relating to the Optioned Compounds or Products. No less than thirty (30) days prior to filing of a Patent, Felicitex shall provide to Selvita a copy of the proposed patent application for filing, prosecuting review by Selvita and maintaining shall consider in good faith any Collaboration Patents, [*]comments or concerns raised by Selvita within twenty (20) days following receipt of the patent application. Astellas Felicitex shall consult with Cytokinetics and keep Cytokinetics reasonably Selvita informed of the status of the Collaboration Patents and shall promptly provide Cytokinetics with copies of as to material correspondence received from any patent authorities in connection therewith. In addition, Astellas shall promptly provide Cytokinetics with drafts of all proposed material filings and correspondences to any patent authorities developments with respect to the Prosecution and Maintenance of Collaboration Patents Patents, including by providing copies of all substantive office actions or any other substantive documents that Felicitex receives from any patent office, including notice of all interferences, reissues, re-examinations, oppositions or requests for Cytokinetics’ review patent term extensions. Selvita shall fully cooperate with Felicitex in Prosecution and comment prior Maintenance of the Collaboration Patents. (b) If Felicitex elects not to file or to continue to Prosecute or Maintain a Collaboration Patent, then it shall notify Selvita in writing at least ninety (90) days before any deadline applicable to the submission of such proposed filings and correspondences. Astellas shall confer with Cytokinetics and reasonably consider Cytokinetics’ comments prior to submitting such filings and correspondences, provided that Cytokinetics shall provide such comments within [*] days of receiving the draft filings and correspondences from Astellas. If Cytokinetics does not provide comments within such period of time, then Cytokinetics shall be deemed to have no comment to such proposed filings Prosecution or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance Maintenance of such Collaboration PatentsPatent, as the final decision shall be made by Astellas, subject to subsection (ii) below. (ii) Astellas shall notify Cytokinetics in writing of any decision to cease prosecution and/or maintenance of, any Collaboration Patents in any country. Astellas shall provide such notice at least [*] days prior to any filing or payment due datecase may be, or any other due date that requires by which an action in order must be taken to avoid loss of rights, in connection with establish or preserve such Collaboration PatentPatent in such country or possession. In such event, Astellas shall permit Cytokineticscase, at its discretion and expenseSelvita’s request, Selvita shall have the right to continue prosecution pursue the filing or maintenance support the continued Prosecution or Maintenance of such Collaboration Patent in such countryits own name, through patent counsel of Selvita’s choice and at Selvita’s cost and expense, and for as long as Cytokinetics assumes in such prosecution and maintenance at its own costs, case the ownership in such Collaboration Patent shall then be [*]assigned to Selvita. Any Collaboration Patent assumed by Selvita in accordance with the foregoing shall, prospectively from the date of such assumption, be excluded from the Collaboration Patent as defined under this Agreement. Under Section 9.2.3(b), Selvita shall be likewise entitled to Prosecute and Maintain at its own expense (including, where possible, in form of a separate Patent, such as a divisional application or a continuation application) any claim to the subject matter of any Collaboration Patent that was disclosed in such Collaboration Patent but not elected by Felicitex for further Prosecution and Maintenance. (c) The Parties agree to cooperate fully in the Prosecution and Maintenance of Collaboration Patents under this Agreement. Cooperation shall include (i) executing all papers and instruments, or requiring its employees or contractors to execute such papers and instruments, so as to (aa) effectuate the ownership of intellectual property, (bb) enable Felicitex to Prosecute patent applications, and (cc) obtain and maintain any patent extensions, supplementary protection certificates, and the like with respect to any Collaboration Patents.

Collaboration Patents. (ia) Astellas Felicitex shall be responsible have the sole right (but not the obligation) to Prosecute and Maintain the Collaboration Patents relating to the Optioned Compounds or Products. No less than thirty (30) days prior to filing of a Patent, Felicitex shall provide to Selvita a copy of the proposed patent application for filing, prosecuting review by Selvita and maintaining shall consider in good faith any Collaboration Patents, [*]comments or concerns raised by Selvita within twenty (20) days following receipt of the patent application. Astellas Felicitex shall consult with Cytokinetics and keep Cytokinetics reasonably Selvita informed of the status of the Collaboration Patents and shall promptly provide Cytokinetics with copies of as to material correspondence received from any patent authorities in connection therewith. In addition, Astellas shall promptly provide Cytokinetics with drafts of all proposed material filings and correspondences to any patent authorities developments with respect to the Prosecution and Maintenance of Collaboration Patents Patents, including by providing copies of all substantive office actions or any other substantive documents that Felicitex receives from any patent office, including notice of all interferences, reissues, re-examinations, oppositions or requests for Cytokinetics’ review patent term extensions. Selvita shall fully cooperate with Felicitex in Prosecution and comment prior Maintenance of the Collaboration Patents. (b) If Felicitex elects not to file or to continue to Prosecute or Maintain a Collaboration Patent, then it shall notify Selvita in writing at least ninety (90) days before any deadline applicable to the submission of such proposed filings and correspondences. Astellas shall confer with Cytokinetics and reasonably consider Cytokinetics’ comments prior to submitting such filings and correspondences, provided that Cytokinetics shall provide such comments within [*] days of receiving the draft filings and correspondences from Astellas. If Cytokinetics does not provide comments within such period of time, then Cytokinetics shall be deemed to have no comment to such proposed filings Prosecution or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance Maintenance of such Collaboration PatentsPatent, as the final decision shall be made by Astellas, subject to subsection (ii) below. (ii) Astellas shall notify Cytokinetics in writing of any decision to cease prosecution and/or maintenance of, any Collaboration Patents in any country. Astellas shall provide such notice at least [*] days prior to any filing or payment due datecase may be, or any other due date that requires by which an action in order must be taken to avoid loss of rights, in connection with establish or preserve such Collaboration PatentPatent in such country or possession. In such event, Astellas shall permit Cytokineticscase, at its discretion and expenseSelvita’s request, Selvita shall have the right to continue prosecution pursue the filing or maintenance support the continued Prosecution or Maintenance of such Collaboration Patent in such countryits own name, through patent counsel of Selvita’s choice and at Selvita’s cost and expense, and for as long as Cytokinetics assumes in such prosecution and maintenance at its own costs, case the ownership in such Collaboration Patent shall then be [*]assigned to Selvita. Any Collaboration Patent assumed by Selvita in accordance with the foregoing shall, prospectively from the date of such assumption, be excluded from the Collaboration Patent as defined under this Agreement. Under Section 9.2.3(b), Selvita shall be likewise entitled to Prosecute and Maintain at its own expense (including, where possible, in form of a separate Patent, such as a divisional application or a continuation application) any claim to the subject matter of any Collaboration Patent that was disclosed in such Collaboration Patent but not elected by Felicitex for further Prosecution and Maintenance. Exhibit D (c) The Parties agree to cooperate fully in the Prosecution and Maintenance of Collaboration Patents under this Agreement. Cooperation shall include (i) executing all papers and instruments, or requiring its employees or contractors to execute such papers and instruments, so as to (aa) effectuate the ownership of intellectual property, (bb) enable Felicitex to Prosecute patent applications, and (cc) obtain and maintain any patent extensions, supplementary protection certificates, and the like with respect to any Collaboration Patents.

Collaboration Patents. (i) Astellas Cytokinetics shall be responsible for filing, prosecuting and maintaining any Collaboration Patents, [*]. Astellas Cytokinetics shall consult with Cytokinetics Astellas and keep Cytokinetics Astellas reasonably informed of the status of the Collaboration Patents and shall promptly provide Cytokinetics Astellas with copies of material correspondence received from any patent authorities in connection therewith. In addition, Astellas Cytokinetics shall promptly provide Cytokinetics Astellas with drafts of all proposed material filings and correspondences to any patent authorities with respect to the Collaboration Patents for CytokineticsAstellas’ review and comment prior to the submission of such proposed filings and correspondences. Astellas Cytokinetics shall confer with Cytokinetics Astellas and reasonably consider CytokineticsAstellas’ comments prior to submitting such filings and correspondences, provided that Cytokinetics Astellas shall provide such comments within [*] days of receiving the draft filings and correspondences from AstellasCytokinetics. If Cytokinetics Astellas does not provide comments within such period of time, then Cytokinetics Astellas shall be deemed to have no comment to such proposed filings or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance of such Collaboration Patents, the final decision shall be made by AstellasCytokinetics, subject to subsection (ii) below. (ii) Astellas Cytokinetics shall notify Cytokinetics Astellas in writing of any decision to cease prosecution and/or maintenance of, any Collaboration Patents in any country. Astellas Cytokinetics shall provide such notice at least [*] days prior to any filing or payment due date, or any other due date that requires action in order to avoid loss of rights, in connection with such Collaboration Patent. In such event, Astellas Cytokinetics shall permit CytokineticsAstellas, at its discretion and expense, to continue prosecution or maintenance of such Collaboration Patent in such country, and for as long as Cytokinetics assumes such prosecution and maintenance at its own costs, such Collaboration Patent shall be [*].

Collaboration Patents. (i) Astellas Cytokinetics shall be responsible for filing, prosecuting and maintaining any Collaboration Patents, [*]. Astellas Cytokinetics shall consult with Cytokinetics Astellas and keep Cytokinetics Astellas reasonably informed of the status of the Collaboration Patents and shall promptly provide Cytokinetics Astellas with copies of material correspondence received from any patent authorities in connection therewith. In addition, Astellas Cytokinetics shall promptly provide Cytokinetics Astellas with drafts of all proposed material filings and correspondences to any patent authorities with respect to the Collaboration Patents for CytokineticsAstellas’ review and comment prior to the submission of such proposed filings and correspondences. Astellas Cytokinetics shall confer with Cytokinetics Astellas and reasonably consider CytokineticsAstellas’ comments prior to submitting such filings and correspondences, provided that Cytokinetics Astellas shall provide such comments within [*] days of receiving the draft filings and correspondences from AstellasCytokinetics. If Cytokinetics Astellas does not provide comments within such period of time, then Cytokinetics Astellas shall be deemed to have no comment to such proposed filings or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance of such Collaboration Patents, the final decision shall be made by AstellasCytokinetics, subject to subsection (ii) below. (ii) Astellas Cytokinetics shall notify Cytokinetics Astellas in writing of any decision to cease prosecution and/or maintenance of, any Collaboration Patents in any country. Astellas Cytokinetics shall provide such notice at least [*] days prior to any filing or payment due date, or any other due date that requires action in order to avoid loss of rights, in connection with such Collaboration Patent. In such event, Astellas Cytokinetics shall permit CytokineticsAstellas, at its discretion and expense, to continue prosecution or maintenance of such Collaboration Patent in such country, and for as long as Cytokinetics assumes such prosecution and maintenance at its own costs, such Collaboration Patent shall be . [*]] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Collaboration Patents. (i) Astellas shall be responsible for filing, prosecuting and maintaining any Collaboration Patents, [*[ * ]. Astellas shall consult with Cytokinetics and keep Cytokinetics reasonably informed of the status of the Collaboration Patents and shall promptly provide Cytokinetics with copies of material correspondence received from any patent authorities in connection therewith. In addition, Astellas shall promptly provide Cytokinetics with drafts of all proposed material filings and correspondences to any patent authorities with respect to the Collaboration Patents for Cytokinetics’ review and comment prior to the submission of such proposed filings and correspondences. Astellas shall confer with Cytokinetics and reasonably consider Cytokinetics’ comments prior to submitting such filings and correspondences, provided that Cytokinetics shall provide such comments within [*[ * ] days of receiving the draft filings and correspondences from Astellas. If Cytokinetics does not provide comments within such period of time, then Cytokinetics shall be deemed to have no comment to such proposed filings or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance of such Collaboration Patents, the final decision shall be made by Astellas, subject to subsection (ii) below. (ii) Astellas shall notify Cytokinetics in writing of any decision to cease prosecution and/or maintenance of, any Collaboration Patents in any country. Astellas shall provide such notice at least [*[ * ] days prior to any filing or payment due date, or any other due date that requires action in order to avoid loss of rights, in connection with such Collaboration Patent. In such event, Astellas shall permit Cytokinetics, at its discretion and expense, to continue prosecution or maintenance of such Collaboration Patent in such country, and for as long as Cytokinetics assumes such prosecution and maintenance at its own costs, such Collaboration Patent shall be [*[ * ].