Common use of Joint Patent Abandonment Clause in Contracts

Joint Patent Abandonment. In the event that EMulate desires to abandon or cease prosecution and/or maintenance of any Joint Patent, EMulate will provide reasonable prior written notice to Hapbee of such intention to abandon (which notice will, to the extent possible, be given no later than ninety (90) calendar days prior to the next deadline for any action that must be taken with respect to such Joint Patent in the relevant patent office). In such case or if EMulate refuses to pay its share of costs related to any such Joint Patent, at Hapbee’s sole discretion, upon written notice from Hapbee, Hapbee may elect to continue prosecution and/or maintenance of any such Joint Patent at its own expense, and EMulate will execute such documents and perform such acts, at EMulate’s expense, as may be reasonably necessary to effect an assignment of EMulate’s entire right, title, and interest in and to such Joint Patent to Hapbee. Any such assignment will be completed in a timely manner to allow Hapbee to continue prosecution and/or maintenance of any such Joint Patent. Any Patents so assigned will no longer be considered Joint Patents and will become Hapbee Patents.