Common use of Intellectual Property Rights; Assignment to ImClone Clause in Contracts

Intellectual Property Rights; Assignment to ImClone. Subject to Section 3.2(b) above, ImClone shall have the right and responsibility at ImClone's expense to file, maintain and prosecute Patents relating to Active Compounds, Lead Compounds, Development Compounds and Products, their use, and their methods of manufacture. At ImClone's request, CombiChem shall assign all its right, title and interest in such Patents to ImClone. If ImClone fails to so file, maintain or prosecute such Patent, CombiChem shall have the right to request ImClone to do so. If ImClone elects not to file, maintain or prosecute such Patent, CombiChem shall have the right to take over such filing, maintenance or prosecution of such Patent, at its sole expense, and ImClone shall assign all intellectual property rights it may have in the Active Compound, Lead Compound, Development Compound or Product to CombiChem.