Common use of CureVac Program Patent Rights Clause in Contracts

CureVac Program Patent Rights. Subject to Section 11.7.3 below, CureVac shall have the first right, but not the obligation, to file, prosecute, maintain and defend the CureVac Program Patent Rights throughout the Territory at its sole expense. Upon Genmab’s request, CureVac shall keep Genmab advised of the status of prosecution of all such Patent Rights included within the CureVac Program Patent Rights, and shall give Genmab before filing or response to office actions, as applicable, reasonable opportunity to review and comment upon the text of any applications or amendments for CureVac Program Patent Rights. CureVac shall not unreasonably refuse to address any of Genmab’s comments made in accordance with this Section 11.7.1. Notwithstanding the above, prior to filing any application for a CureVac Invention that may disclose, in part or in full, a Genmab Invention, Other Invention or Joint Invention, CureVac shall provide Genmab with a copy of the draft application and provide Genmab with at least [*****] to review and comment upon the text of such draft application. If Genmab notifies CureVac within the above [*****] deadline that Genmab desires to file an application for a Genmab Invention, Joint Invention or Genmab Other Invention, the Parties shall coordinate the filing of the application for a CureVac Invention with the filing of Genmab’s application for such Genmab Invention, Other Invention or Joint Invention so that CureVac’s application and Genmab’s application are filed on the same day or otherwise filed in a way that secures and protects each of the Parties’ interest. CureVac shall promptly give notice to Genmab of the grant, lapse, revocation, surrender or invalidation of any CureVac Program Patent Rights for which CureVac is responsible for the filing, prosecution and maintenance. CureVac shall give notice to Genmab of any desire to not file patent applications claiming CureVac Program Patent Rights on a country by country basis and, in such cases, shall permit Genmab, in its sole discretion, to file such patent applications at its own expense and in its own name. If Genmab elects to file, such Patent Right shall be deemed a Genmab Patent Right and CureVac shall execute such documents and perform such acts at CureVac’s reasonable expense as may be reasonably necessary for Genmab to perform such filing. For avoidance of doubt, CureVac will not include a Genmab Invention, Other Invention or Joint Invention in a separate patent claim of a patent application to be filed by CureVac without Genmab’s prior written consent.

CureVac Program Patent Rights. Subject to Section 11.7.3 below, CureVac shall have the first right, but not the obligation, at its sole expense, to file, prosecute, maintain and defend the Patent Rights Covering a CureVac Invention (each, a “CureVac Program Patent Rights Right”) throughout the Territory at its sole expenseTerritory. Upon Genmab’s requestAt the latest [*****] before filing, CureVac shall keep Genmab advised of the status of prosecution of all such Patent Rights included within the CureVac Program Patent Rights, and shall give Genmab before filing or response to office actions, as applicable, reasonable GSK an opportunity to review and comment upon the text of any applications or amendments for application with respect to any CureVac Program Patent Rights. CureVac Right, shall consult with GSK with respect thereto, shall not unreasonably refuse to address any of GenmabGSK’s comments made in accordance and supply GSK with this Section 11.7.1a copy of the application as filed, together with notice of its filing date and serial number. CureVac shall keep GSK reasonably informed, through the IP Sub Committee, of the status of the actual and prospective prosecution, maintenance and defense, including but not limited to any substantive communications with the competent patent offices that may affect the scope of such filings, and CureVac shall to the extent reasonably possible give GSK a timely, prior opportunity to review and comment upon any such substantive communication and shall consult with GSK with respect thereto, and shall not unreasonably refuse to address any of GSK’s comments. Notwithstanding the above, prior to filing any application for a CureVac Invention that may disclose, in part or in full, a Genmab GSK Invention, Other a Joint Product Invention or Joint Other Invention, CureVac shall provide Genmab GSK with a copy of the draft application and provide Genmab GSK with at least [*****] to review and comment upon the text of such draft application. If Genmab GSK notifies CureVac within the above [*****] deadline that Genmab desires GSK has decided to file an application for a Genmab GSK Invention, Joint Product Invention or Genmab Joint Other Invention, the Parties shall coordinate the filing of the application for a CureVac Invention with the filing of GenmabGSK’s application for such Genmab GSK Invention, Other Joint Product Invention or Joint Other Invention so that CureVac’s application and GenmabGSK’s application are filed on the same day or otherwise filed in a way that secures and protects each of the Parties’ interest. For the avoidance of doubt, CureVac will not include a GSK Invention, Joint Product Invention or Joint Other Invention in a separate patent claim of a patent application to be filed by CureVac without GSK’s prior written consent. CureVac shall promptly give notice to Genmab GSK of the grant, lapse, revocation, surrender or invalidation of any CureVac Program Patent Rights for which CureVac is responsible for the filing, prosecution and maintenanceRights. CureVac shall as soon as reasonably practicable give notice to Genmab GSK of any desire final decision to not file patent applications claiming CureVac Program Patent Rights or to cease prosecution and/or maintenance and/or defense of CureVac Program Patent Rights on a country by country basis and, in such cases, shall permit GenmabGSK, in its GSK’s sole discretion, to file such patent applications or to continue prosecution or maintenance or defense of such CureVac Program Patent Rights (in which case thereafter they will be deemed a GSK Program Patent Right) at its own expense and in its own name. If Genmab elects to file, such Patent Right shall be deemed a Genmab Patent Right and CureVac shall execute such documents and perform such acts at CureVac’s reasonable expense as may be reasonably necessary for Genmab to perform such filing. For avoidance of doubt, CureVac will not include a Genmab Invention, Other Invention or Joint Invention in a separate patent claim of a patent application to be filed by CureVac without Genmab’s prior written consent.

CureVac Program Patent Rights. Subject to Section 11.7.3 below, CureVac shall have the first right, but not the obligation, at its sole expense, to file, prosecute, maintain and defend the Patent Rights Covering a CureVac Invention (each, a "CureVac Program Patent Rights Right") throughout the Territory at its sole expenseTerritory. Upon Genmab’s requestAt the latest [*****] before filing, CureVac shall keep Genmab advised of the status of prosecution of all such Patent Rights included within the CureVac Program Patent Rights, and shall give Genmab before filing or response to office actions, as applicable, reasonable GSK an opportunity to review and comment upon the text of any applications or amendments for application with respect to any CureVac Program Patent Rights. CureVac Right, shall consult with GSK with respect thereto, shall not unreasonably refuse to address any of Genmab’s GSK's comments made in accordance and supply GSK with this Section 11.7.1a copy of the application as filed, together with notice of its filing date and serial number. CureVac shall keep GSK reasonably informed, through the IP Sub Committee, of the status of the actual and prospective prosecution, maintenance and defense, including but not limited to any substantive communications with the competent patent offices that may affect the scope of such filings, and CureVac shall to the extent reasonably possible give GSK a timely, prior opportunity to review and comment upon any such substantive communication and shall consult with GSK with respect thereto, and shall not unreasonably refuse to address any of GSK's comments. Notwithstanding the above, prior to filing any application for a CureVac Invention that may disclose, in part or in full, a Genmab Invention, Other Invention or Joint any other Invention, CureVac shall provide Genmab GSK with a copy of the draft application and provide Genmab GSK with at least [*****] to review and comment upon the text of such draft application. If Genmab GSK notifies CureVac within the above [*****] deadline that Genmab desires GSK has decided to file an application for a Genmab Invention, Joint Invention or Genmab Other the other Invention, the Parties shall coordinate the filing of the application for a CureVac Invention with the filing of Genmab’s GSK's application for such Genmab Invention, Other Invention or Joint other Invention so that CureVac’s 's application and Genmab’s GSK's application are filed on the same day or otherwise filed in a way that secures and protects each of the Parties’ ' interest. For the avoidance of doubt, CureVac will not include a any Invention other than a CureVac Invention in a separate patent claim of a patent application to be filed by CureVac without GSK's prior written consent. CureVac shall promptly give notice to Genmab GSK of the grant, lapse, revocation, surrender or invalidation of any CureVac Program Patent Rights for which CureVac is responsible for the filing, prosecution and maintenanceRights. CureVac shall as soon as reasonably practicable give notice to Genmab GSK of any desire final decision to not file patent applications claiming CureVac Program Patent Rights or to cease prosecution and/or maintenance and/or defense of CureVac Program Patent Rights on a country by country basis and, in such cases, shall permit GenmabGSK, in its GSK's sole discretion, to file such patent applications or to continue prosecution or maintenance or defense of such CureVac Program Patent Rights (in which case thereafter they will be assigned by CureVac to GSK and deemed a GSK Program Patent Right) at its own expense and in its own name. If Genmab elects to file, such Patent Right shall be deemed a Genmab Patent Right and CureVac shall execute such documents and perform such acts at CureVac’s reasonable expense as may be reasonably necessary for Genmab to perform such filing. For avoidance of doubt, CureVac will not include a Genmab Invention, Other Invention or Joint Invention in a separate patent claim of a patent application to be filed by CureVac without Genmab’s prior written consent.

CureVac Program Patent Rights. Subject to Section 11.7.3 below, CureVac shall have the first right, but not the obligation, at its sole expense, to file, prosecute, maintain and defend the Patent Rights Covering a CureVac Invention (each, a “CureVac Program Patent Rights Right”) throughout the Territory at its sole expenseTerritory. Upon Genmab’s requestAt the latest [*****] before filing, CureVac shall keep Genmab advised of the status of prosecution of all such Patent Rights included within the CureVac Program Patent Rights, and shall give Genmab before filing or response to office actions, as applicable, reasonable GSK an opportunity to review and comment upon the text of any applications or amendments for application with respect to any CureVac Program Patent Rights. CureVac Right, shall consult with GSK with respect thereto, shall not unreasonably refuse to address any of GenmabGSK’s comments made in accordance and supply GSK with this Section 11.7.1a copy of the application as filed, together with notice of its filing date and serial number. CureVac shall keep GSK, through the IP Sub-Committee, reasonably informed of the status of the actual and prospective prosecution, maintenance and defense, including but not limited to any substantive communications with the competent patent offices that may affect the scope of such filings, and CureVac shall to the extent reasonably possible give GSK a timely, prior opportunity to review and comment upon any such substantive communication and shall consult with GSK with respect thereto, and shall not unreasonably refuse to address any of GSK’s comments. Notwithstanding the above, prior to filing any application for a CureVac Invention that may disclose, in part or in full, a Genmab GSK Invention, Other a Joint Product Invention or Joint Other Invention, CureVac shall provide Genmab GSK with a copy of the draft application and provide Genmab GSK with at least [*****] to review and comment upon the text of such draft application. If Genmab GSK notifies CureVac within the above [*****] deadline that Genmab desires GSK has decided to file an application for a Genmab GSK Invention, Joint Product Invention or Genmab Joint Other Invention, the Parties shall coordinate the filing of the application for a CureVac Invention with the filing of GenmabGSK’s application for such Genmab GSK Invention, Other Joint Product Invention or Joint Other Invention so that CureVac’s application and GenmabGSK’s application are filed on the same day or otherwise filed in a way that secures and protects each of the Parties’ interest. For the avoidance of doubt, CureVac will not include a GSK Invention, Joint Product Invention or Joint Other Invention in a separate patent claim of a patent application to be filed by CureVac without GSK’s prior written consent. CureVac shall promptly give notice to Genmab GSK of the grant, lapse, revocation, surrender or invalidation of any CureVac Program Patent Rights for which CureVac is responsible for the filing, prosecution and maintenanceRights. CureVac shall as soon as reasonably practicable give notice to Genmab GSK of any desire final decision to not file patent applications claiming CureVac Program Patent Rights or to cease prosecution and/or maintenance and/or defense of CureVac Program Patent Rights on a country by country basis and, in such cases, shall permit GenmabGSK, in its GSK’s sole discretion, to file such patent applications or to continue prosecution or maintenance or defense of such CureVac Program Patent Rights (in which case thereafter they will be deemed a GSK Program Patent Right) at its own expense and in its own name. If Genmab elects to file, such Patent Right shall be deemed a Genmab Patent Right and CureVac shall execute such documents and perform such acts at CureVac’s reasonable expense as may be reasonably necessary for Genmab to perform such filing. For avoidance of doubt, CureVac will not include a Genmab Invention, Other Invention or Joint Invention in a separate patent claim of a patent application to be filed by CureVac without Genmab’s prior written consent.