Common use of Cooperation in Prosecution Clause in Contracts

Cooperation in Prosecution. Each Party shall provide the other Party all reasonable assistance and cooperation in the Patent prosecution efforts provided above in this Section 9.3, including providing any necessary powers of attorney and executing any other required documents or instruments for such prosecution, as well as further actions as set forth below. (i) The Parties shall respectively prepare, file, maintain and prosecute the SGI Patent Rights, MPI Patent Rights and Joint Patents as set forth in this Section 9.3. As used herein, “prosecution” of such Patents shall include, without limitation, all communication and other interaction with any patent office or patent authority having jurisdiction over a patent application throughout the world in connection with pre- and post-grant proceedings. (ii) All communications between the Parties relating to the preparation, filing, prosecution or maintenance of the SGI Patent Rights, MPI Patent Rights and Joint Patents, including copies of any draft or final documents or any communications received from or sent to patent offices or patenting authorities with respect to such Patents, shall be considered Confidential Information of both Parties (provided, however, that communications (if any) with respect to MPI Patent Rights shall be considered Confidential Information of MPI) and subject to the confidentiality provisions of Article 12. (iii) Assignments in the Patents claiming Sole Inventions or Joint Inventions shall be effected as follows: (1) employees or agents of MPI or its Affiliates that are properly named as inventors on any Patents claiming a Sole Invention or Joint Invention shall assign their interest in such Patents to MPI; and (2) employees or agents of SGI or its Affiliates that are properly named as inventors on any Patents claiming a Sole Invention or Joint Invention shall assign their interest in such Patents to SGI.

Cooperation in Prosecution. Each Party shall provide the other Party all reasonable assistance and cooperation in the Patent prosecution efforts provided above in this Section 9.3, including providing any necessary powers of attorney and executing any other required documents or instruments for such prosecution, as well as further actions as set forth below. Such assistance and cooperation shall include making a Party’s inventors and other scientific advisors reasonably available to assist the other Party’s Patent prosecution efforts. (i) The Parties shall respectively prepare, file, maintain and prosecute the SGI Patent RightsOther TESARO Patents, MPI Patent Rights the Company Patents and the Joint Patents as set forth in this Section 9.3. As used herein, “prosecution” of such Patents shall include, without limitation, include all communication and other interaction with any patent office or patent authority having jurisdiction over a patent application throughout the world in connection with pre- and postpre-grant proceedings. (ii) All communications between the Parties relating to the preparation, filing, prosecution or maintenance of the SGI Patent RightsOther TESARO Patents, MPI Patent Rights the Company Patents and the Joint Patents, including copies of any draft or final documents or any communications received from or sent to patent offices or patenting authorities with respect to such Patents, shall be considered Confidential Information of both Parties (provided, however, that communications (if any) with respect to MPI the Party Controlling the relevant Patent Rights shall be considered Confidential Information of MPI) and subject to the confidentiality provisions of Article 12.ARTICLE 11. Confidential 94 (iii) Assignments in the Other TESARO Patents, Joint Patents claiming Sole Inventions or Joint Inventions and Company Patents shall be effected as follows: : (1i) employees or agents of MPI TESARO (or its Affiliates Affiliates) that are properly named as inventors on any the Other TESARO Patents claiming a Sole Invention or Joint Invention shall assign their interest in such Patents to MPITESARO or its Affiliate; and (2ii) employees or agents of SGI Company or its Affiliates TESARO (or their respective Affiliates) that are properly named as inventors on any the Joint Patents claiming a Sole Invention or Joint Invention shall assign their interest in such Patents to SGItheir respective employer; and (iii) employees or agents of Company (or its Affiliates) that are named as inventors on the Company Patents shall assign their interests in such Patents to Company or its Affiliate.

Cooperation in Prosecution. Each Party shall provide the other Party all reasonable assistance and cooperation in the Patent prosecution efforts provided above in this Section 9.310.3, including providing any necessary powers of attorney and executing any other required documents or instruments for such prosecution, as well as further actions as set forth below. Such assistance and cooperation shall include making a Party’s inventors and other scientific advisors reasonably available to assist the other Party’s Patent prosecution efforts. (i) The Parties shall respectively prepare, file, maintain and prosecute the SGI Patent RightsMacroGenics Patents, MPI Patent Rights the Company Patents and the Joint Patents as set forth in this Section 9.310.3. As used herein, “prosecution” of such Patents shall include, without limitation, include all communication and other interaction with any patent office or patent authority having jurisdiction over a patent application throughout the world in connection with pre- and postpre-grant proceedings. (ii) All communications between the Parties relating to the preparation, filing, prosecution or maintenance of the SGI Patent RightsMacroGenics Patents, MPI Patent Rights the Company Patents and the Joint Patents, including copies of any draft or final documents or any communications received from or sent to patent offices or patenting authorities with respect to such Patents, shall be considered Confidential Information of both Parties (provided, however, that communications (if any) with respect to MPI the Party Controlling the relevant Patent Rights shall be considered Confidential Information of MPI) and subject to the confidentiality provisions of Article ARTICLE 12. (iii) Assignments in the MacroGenics Patents, Joint Patents claiming Sole Inventions or Joint Inventions and Company Patents shall be effected as follows: : (1i) employees or agents of MPI MacroGenics (or its Affiliates Affiliates) that are properly named as inventors on any the MacroGenics Patents claiming a Sole Invention or Joint Invention shall assign their interest in such Patents to MPIMacroGenics or its Affiliate; and (2ii) employees or agents of SGI Company or its Affiliates MacroGenics (or their respective Affiliates) that are properly named as inventors on any the Joint Patents claiming a Sole Invention or Joint Invention shall assign their interest in such Patents to SGItheir respective employer; and (iii) employees or agents of Company (or its Affiliates) that are named as inventors on the Company Patents shall assign their interests in such Patents to Company or its Affiliate.