Common use of Filing Decision or Prosecution Lapse Clause in Contracts

Filing Decision or Prosecution Lapse. If, during the Term, the Party with the first right, pursuant to Section 8.2.1, to Prosecute and Maintain an EPIZYME Patent, Collaboration Patent or Joint Patent, as applicable, in any country decides not to file such Patent or intends to allow such Patent to lapse or become abandoned without having first filed a substitute, the prosecuting or maintaining Party shall notify and consult with the other Party on such decision or intention at least [**] days prior to the date upon which the subject matter of such Patent shall become unpatentable or such Patent shall lapse or become abandoned, and such other Party shall thereupon have the right (but not the obligation) to assume the Prosecution and Maintenance thereof at its own expense with counsel of its own choice.

Filing Decision or Prosecution Lapse. If, during the Term, the Party with responsible Prosecuting and Maintaining a Patent in the first right, pursuant to Section 8.2.1, to Prosecute and Maintain an EPIZYME Patent, Dynavax Compound Patents or Collaboration Patent or Joint Patent, as applicable, Patents in any country decides not to file such Patent or intends to allow such Patent to lapse or become abandoned without having first filed a substitute, the prosecuting or maintaining Party shall shall, whenever practicable, notify and consult with the other Party on of such decision or intention at least [**[ * ] days Calendar Days prior to the date upon which the subject matter of such Patent shall become unpatentable or such Patent shall lapse or become abandoned, and such other Party shall thereupon have the right (right, but not the obligation) , to assume responsibility for the Prosecution and Maintenance thereof at its own expense with counsel of its own choice.

Filing Decision or Prosecution Lapse. If, during the Term, the Party with responsible for Prosecuting and Maintaining the first rightTELETHON-HSR Patent Rights, pursuant to Section 8.2.1, to Prosecute and Maintain an EPIZYME Patent, Collaboration GSK Patent Rights or Joint PatentPatent Rights, as applicablethe case may be, in any country country, decides not to file such Patent Rights or intends to allow such Patent Rights to lapse or become abandoned without having first filed a substitute, the prosecuting Party Prosecuting or maintaining Party Maintaining such Patent Rights shall notify and consult with the other Party on of such decision or intention at least [**] days sixty (60) Calendar Days prior to the date upon which the subject matter of such Patent Rights shall become unpatentable or such Patent Rights shall lapse or become abandoned, and such . The other Party shall thereupon have the right (right, but not the obligation) , to assume responsibility for the Prosecution and Maintenance thereof of such Patent Rights at its own expense with counsel of its own choice.

Filing Decision or Prosecution Lapse. If, during the Term, the Party with responsible for Prosecuting and Maintaining the first rightPROSENSA Patent Rights, pursuant to Section 8.2.1, to Prosecute and Maintain an EPIZYME Patent, Collaboration GSK Patent Rights or Joint PatentPatent Rights, as applicablethe case may be, in any country country, decides not to file such Patent Rights or intends to allow such Patent Rights to lapse or become abandoned without having first filed a substitute, the prosecuting Party Prosecuting or maintaining Party Maintaining such Patent Rights shall notify and consult with the other Party on of such decision or intention at least [**] days * * * * * prior to the date upon which the subject matter of such Patent Rights shall become unpatentable or such Patent Rights shall lapse or become abandoned, and such . The other Party shall thereupon have the right (right, but not the obligation) , to assume responsibility for the Prosecution and Maintenance thereof of such Patent Rights at its own expense with counsel of its own choice.

Filing Decision or Prosecution Lapse. IfSubject to Section 9.6, if, during the Term, the Party with the first right, pursuant to Section 8.2.19.2.1 or 9.2.2, to Prosecute and Maintain an EPIZYME Patent, Collaboration Patent or Joint Patent, as applicable, in any country decides not to file such Patent or intends to allow such Patent to lapse or become abandoned without having first filed a substitute, the prosecuting or maintaining Party shall notify and consult with the other Party on such decision or intention at least [**] days prior to the date upon which the subject matter of such Patent shall become unpatentable or such Patent shall lapse or become abandoned, and such other Party shall thereupon have the right (but not the obligation) to assume the Prosecution and Maintenance thereof at its own expense with counsel of its own choice.