Common use of Filing, Prosecution and Maintenance of Patents Clause in Contracts

Filing, Prosecution and Maintenance of Patents. Licensor agrees to diligently file, prosecute and maintain in the Territory, at Licensor's expense, all Patent Rights owned in whole or in part by Licensor and licensed to Schering under this Agreement, including without limitation, any Patent Rights covering any Improvement(s). Schering shall determine the country(ies) in the Territory with respect to which Schering desires Licensor to perform such activities and will promptly notify Licensor to that effect. All such determinations shall be made by Schering in accordance with its standard practices with respect to the filing, prosecution and maintenance of patents, and Licensor's obligation to file, prosecute and maintain each patent application or patent within the Patent Rights under this Section 4.1 shall be limited to those countries selected by Schering for such patent application or patent. Licensor shall supply Schering with a copy of the applications as filed, together with notice of its filing date and serial number. Licensor shall keep Schering regularly advised of the status of pending patent applications (including, without limitation, the grant of any Patent Rights), and upon the written request of Schering shall provide copies of any substantive papers provided to or received from government patent authorities related to the filing, prosecution and maintenance of such patent filings. Schering shall treat all information, papers, and other materials provided by Licensor pursuant to this Section 4.1 in accordance with the confidentiality provisions of this Agreement.

Filing, Prosecution and Maintenance of Patents. Licensor agrees to diligently file, prosecute and maintain in the Territory, at Licensor's expense, all Patent Rights owned in whole or in part by Licensor and licensed to Schering SPL under this Agreement, including without limitation, any Patent Rights covering any Improvement(s). Schering SPL shall determine the country(ies) in the Territory with respect to which Schering SPL desires Licensor to perform such activities and will promptly notify Licensor to that effect. All such determinations shall be made by Schering SPL in accordance with its standard practices with respect to the filing, prosecution and maintenance of patents, and Licensor's obligation to file, prosecute and maintain each patent application or patent within the Patent Rights under this Section 4.1 shall be limited to those countries selected by Schering SPL for such patent application or patent. Licensor shall supply Schering SPL with a copy of the applications as filed, together with notice of its filing date and serial number. Licensor shall keep Schering SPL regularly advised of the status of pending patent applications (including, without limitation, the grant of any Patent Rights), and upon the written request of Schering SPL shall provide copies of any substantive papers provided to or received from government patent authorities related to the filing, prosecution and maintenance of such patent filings. Schering SPL shall treat all information, papers, and other materials provided by Licensor pursuant to this Section 4.1 in accordance with the confidentiality provisions of this Agreement.and