Common use of Elpiscience’s Rights to Prosecute Patents Clause in Contracts

Elpiscience’s Rights to Prosecute Patents. Inhibrx shall keep Elpiscience informed of all material developments in the Prosecution of Inhibrx Patents in the Territory that claim Licensed Molecules or Licensed Products (“Elpiscience Territory Patents”). Inhibrx will take into consideration Elpiscience’s reasonable comments related to the Prosecution of Elpiscience Territory Patents to the extent such comments are timely provided and it is reasonable to do so. Inhibrx shall Prosecute the Elpiscience Territory Patents in good-faith and use reasonable efforts to ensure that Prosecution of the Elpiscience Territory Patents does not negatively impact, in an unreasonable manner, the Prosecution, scope or validity of any claims to Licensed Molecules and/or Licensed Products (or methods of making or using Licensed Molecules and/or Licensed Products) (“Elpiscience Specific Claims”). If Inhibrx elects to cease Prosecution of any Elpiscience Territory Patent that contains any Elpiscience Specific Claim, it shall promptly notify Elpiscience in writing of such decision at least thirty (30) days before the date any action or payment is required in order to prevent the abandonment of rights to such Elpiscience Territory Patent, in which event Elpiscience shall have the right, but not the obligation, at its sole discretion and expense, to Prosecute only the Elpiscience Specific Claims in such Elpiscience Territory Patents in accordance.

Appears in 4 contracts

Samples: License Agreement (Inhibrx, Inc.), License Agreement (Inhibrx, Inc.), License Agreement (Inhibrx, Inc.)

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