Common use of Costs of Prosecution and Maintenance of Patents Clause in Contracts

Costs of Prosecution and Maintenance of Patents. Lilly shall bear all costs incurred in filing, prosecuting and maintaining all patents and patent applications encompassed within the Intellectual Property Rights, provided, however, that Xxxxxxx shall pay one-half (1/2) of all reasonable external expenses incurred by Lilly while prosecuting and maintaining such patents and patent applications. External expenses will include patent office fees and taxes in connection with the prosecution and maintenance of any patent or patent application and the fees of any patent attorneys or agents, external of Lilly, in connection with the ex parte prosecution and maintenance thereof. The allocation of such expenses will occur on an annual basis at the end of the last quarter of each calendar year, at which time Lilly will provide Xxxxxxx with an itemized list of external expenses denominated in United States dollars incurred during the previous annual period. Xxxxxxx will then reimburse Lilly’s expenses within sixty (60) days of the date of receipt of this itemized list. Notwithstanding the foregoing, Lilly may, at its sole discretion, choose not to prosecute or cease to maintain a patent or patent application in any country as it so desires and to the extent that Lilly chooses not to prosecute or ceases to maintain such patent or patent application Lilly shall not be responsible for any patent costs associated with prosecuting and/or maintaining the patent or patent application in such country. If Xxxxxxx desires to prosecute or maintain such patent or patent application Xxxxxxx may do so at its own expense; however, under these circumstances, Lilly would xxxxx Xxxxxxx all of its patent rights associated with such patent in such country. Similarly, upon written notice to Lilly, Xxxxxxx may elect not to share in the prosecution or maintenance costs as described in this Section 4.03 related to a patent or patent application in a particular country; however, upon such election any rights that Xxxxxxx has in such patent in such country would be granted to Lilly.

Costs of Prosecution and Maintenance of Patents. Lilly -------------------------------------------------------------- shall bear all costs incurred in filing, prosecuting and maintaining all patents and patent applications encompassed within the Intellectual Property Rights, provided, however, that Xxxxxxx shall pay one-half (1/2) of all reasonable external expenses incurred by Lilly while prosecuting and maintaining such patents and patent applications. External expenses will include patent office fees and taxes in connection with the prosecution and maintenance of any patent or patent application and the fees of any patent attorneys or agents, external of Lilly, in connection with the ex parte prosecution and maintenance thereof. -- ----- The allocation of such expenses will occur on an annual basis at the end of the last quarter of each calendar year, at which time Lilly will provide Xxxxxxx with an itemized list of external expenses denominated in United States dollars incurred during the previous annual period. Xxxxxxx will then reimburse Lilly’s 's expenses within sixty (60) days of the date of receipt of this itemized list. Notwithstanding the foregoing, Lilly may, at its sole discretion, choose not to prosecute or cease to maintain a patent or patent application in any country as it so desires and to the extent that Lilly chooses not to prosecute or ceases to maintain such patent or patent application Lilly shall not be responsible for any patent costs associated with prosecuting and/or maintaining the patent or patent application in such country. If Xxxxxxx desires to prosecute or maintain such patent or patent application Xxxxxxx may do so at its own expense; however, under these circumstances, Lilly would xxxxx Xxxxxxx all of its patent rights associated with such patent in such country. Similarly, upon written notice to Lilly, Xxxxxxx may elect not to share in the prosecution or maintenance costs as described in this Section 4.03 related to a patent or patent application in a particular country; however, upon such election any rights that Xxxxxxx has in such patent in such country would be granted to Lilly.

Costs of Prosecution and Maintenance of Patents. Lilly -------------------------------------------------------------- shall bear all costs incurred in filing, prosecuting and maintaining all patents and patent applications encompassed within the he Intellectual Property Rights, provided, however, that Xxxxxxx shall pay one-half (1/2) of all reasonable external expenses incurred by Lilly while prosecuting and maintaining such patents and patent applications. External expenses will include patent office fees and taxes in connection with the prosecution and maintenance of any patent or patent application and the fees of any patent attorneys or agents, external of Lilly, in connection with the ex parte prosecution and maintenance thereof. -- ----- The allocation of such expenses will occur on an annual basis at the end of the last quarter of each calendar year, at which time Lilly will provide Xxxxxxx with an itemized list of external expenses denominated in United States dollars incurred during the previous annual period. Xxxxxxx will then reimburse Lilly’s 's expenses within sixty (60) days of the date of receipt of this itemized list. Notwithstanding the foregoing, Lilly may, at its sole discretion, choose not to prosecute or cease to maintain a patent or patent application in any country as it so desires and to the extent that Lilly chooses not to prosecute or ceases to maintain such patent or patent application Lilly shall not be responsible for any patent costs associated with prosecuting and/or maintaining the patent or patent application in such country. If Xxxxxxx desires to prosecute or maintain such patent or patent application Xxxxxxx may do so at its own expense; however, under these circumstances, Lilly would xxxxx Xxxxxxx all of its patent rights associated with such patent in such country. Similarly, upon written notice to Lilly, Xxxxxxx may elect not to share in the prosecution or maintenance costs as described in this Section 4.03 related to a patent or patent application in a particular country; however, upon such election any rights that Xxxxxxx has in such patent in such country would be granted to Lilly.

Costs of Prosecution and Maintenance of Patents. Lilly -------------------------------------------------------------- shall bear all costs incurred in filing, prosecuting and maintaining all patents and patent applications encompassed within the Intellectual Property Rights, provided, however, that Xxxxxxx shall pay one-half (1/2) of all reasonable external expenses incurred by Lilly while prosecuting and maintaining such patents and patent applications. External expenses will include patent office fees and taxes in connection with the prosecution prosection and maintenance of any patent or patent application and the fees of any patent attorneys or agents, external of Lilly, in connection with the ex parte prosecution prosection and maintenance thereof. -- ----- The allocation of such expenses will occur on an annual basis at the end of the last quarter of each calendar year, at which time Lilly will provide Xxxxxxx with an itemized list of external expenses denominated in United States dollars incurred during the previous annual period. Xxxxxxx will then reimburse Lilly’s 's expenses within sixty (60) days of the date of receipt of this itemized list. Notwithstanding the foregoing, Lilly may, at its sole discretion, choose not to prosecute or cease to maintain a patent or patent application in any country as it so desires and to the extent that Lilly chooses not to prosecute or ceases to maintain such patent or patent application Lilly shall not be responsible for any patent costs associated with prosecuting and/or maintaining the patent or patent application in such country. If Xxxxxxx desires to prosecute or maintain such patent or patent application application, Xxxxxxx may do so at its own expense; however, under these circumstances, Lilly would xxxxx Xxxxxxx all of its patent rights associated with which such patent in such country. Similarly, upon written notice to Lilly, Xxxxxxx may elect not to share in the prosecution or maintenance costs as described in this Section 4.03 related to a patent or patent application in a particular country; however, upon such election any rights that Xxxxxxx has in such patent in such country would be granted to Lilly.

Costs of Prosecution and Maintenance of Patents. Lilly -------------------------------------------------------------- shall bear all costs incurred in filing, prosecuting and maintaining all patents and patent applications encompassed within the Intellectual Property Rights, provided, however, that Xxxxxxx shall pay one-half (1/2) of all reasonable external expenses incurred by Lilly while prosecuting and maintaining such patents and patent applications. External expenses will include patent office fees and taxes in connection with the prosecution and maintenance of any patent or patent application and the fees of any patent attorneys or agents, external of Lilly, in connection with the ex parte prosecution prosection and maintenance thereof. -- ----- The allocation of such expenses will occur on an a annual basis at the end of the last quarter of each calendar year, at which time Lilly will provide Xxxxxxx with an itemized list of external expenses denominated in United States dollars incurred during the previous annual period. Xxxxxxx will then reimburse Lilly’s 's expenses within sixty (60) days of the date of receipt of this itemized list. Notwithstanding the foregoing, Lilly may, at its sole discretion, choose not to prosecute or cease to maintain a patent or patent application in any country as it so desires and to the extent that Lilly chooses not to prosecute or ceases to maintain such patent or patent application Lilly shall not be responsible for any patent costs associated with prosecuting and/or maintaining the patent or patent application in such country. If Xxxxxxx desires to prosecute or maintain such patent or patent application Xxxxxxx may do so at its own expense; however, under these circumstances, Lilly would xxxxx Xxxxxxx all of its patent rights associated with such patent in such country. Similarly, upon written notice to Lilly, Xxxxxxx may elect not to share in the prosecution or maintenance costs as described in this Section 4.03 related to a patent or patent application in a particular country; however, upon such election any rights that Xxxxxxx has in such patent in such country would be granted to Lilly.