Common use of ELECTION NOT TO PURSUE Clause in Contracts

ELECTION NOT TO PURSUE. If a Party decides, at any time, not to file or maintain any Patent as provided hereunder, it shall give the other Party notice to this effect and upon such notice such other Party shall have the right, but not the obligation, to file and maintain such Patent, in its own name and at its own expense, and, if it so elects to file and maintain, then the Party deciding not to so file or maintain shall assign to such other Party the rights in such Patent.

Appears in 3 contracts

Samples: Collaboration Agreement (Signal Pharmaceuticals Inc), Collaboration Agreement (Signal Pharmaceuticals Inc), Collaboration Agreement (Signal Pharmaceuticals Inc)

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ELECTION NOT TO PURSUE. If a Party decides, at any time, not to file or maintain any Patent as provided hereunder, it shall give the other Party notice to this effect and upon such notice such other Party shall have the right, but not the obligation, to file and maintain such Patent, in its own name and at its own expense, and, if it so elects to file and maintain, then the Party deciding not to so file or maintain shall assign to such other Party the rights in such Patent, and such Patent shall be included in the Patents of the Party to whom such Patent is assigned and subject to all applicable license grants hereunder.

Appears in 1 contract

Samples: Joint Development and Commercialization Agreement (Signal Pharmaceuticals Inc)

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