Common use of Maintenance and Prosecution Clause in Contracts

Maintenance and Prosecution. Indevus shall have the first right to file, prosecute and maintain the Indevus Patent Rights in Indevus’s name, using patent counsel selected by Indevus and shall be responsible for the payment of all patent prosecution and maintenance costs. Indevus agrees to keep Odyssey informed of the course of patent prosecution or other proceedings including by providing Odyssey with copies of office actions received by Indevus from the United States Patent and Trademark Office concerning Indevus Patent Rights. If Indevus elects not to file, prosecute or maintain a patent application or patent included in the Indevus Patent Rights in the Territory, it shall provide Odyssey with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Odyssey shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent. Odyssey shall have the first right to file, prosecute and maintain the Odyssey Patent Rights in Odyssey’s name, using patent counsel selected by Odyssey and shall be responsible for the payment of all patent prosecution and maintenance costs. Odyssey agrees to keep Indevus informed of the course of patent prosecution or other proceedings including by providing Indevus with copies of office actions received by Odyssey from the United States Patent and Trademark Office concerning Odyssey Patent Rights. If Odyssey elects not to file, prosecute or maintain a patent application or patent included in the Odyssey Patent Rights in the Territory, it shall provide Indevus with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Indevus shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent. Indevus shall have the first right to file, prosecute and maintain any patent application(s) or patent(s) arising from Joint Inventions and shall be responsible for the payment of all patent prosecution and maintenance costs. Upon Indevus’s request, Odyssey shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. If Indevus elects not to file, prosecute or maintain any such patent application or patent in any particular country in the Territory, it shall provide Odyssey with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Odyssey shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent in such country in Odyssey’s name. The responsible Party under this Section 8.2 shall solicit the other Party’s review of the nature and text of such patent applications and important prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and the responsible Party shall take into account the other Party’s reasonable comments related thereto.

Maintenance and Prosecution. Indevus shall have the first right to file, prosecute and maintain the Indevus Patent Rights and any patent application(s) or patent(s) arising from Joint Inventions in Indevus’s ’ name, using patent counsel selected by Indevus and shall be responsible for the payment of all patent prosecution and maintenance costs. Indevus agrees to keep Odyssey Esprit informed of the course of patent prosecution or other proceedings proceedings, including by providing Odyssey Esprit with copies of office actions and communications received by Indevus from from, and communications sent by Indevus to, the United States Patent and Trademark Office and foreign patent offices concerning Indevus such Patent Rights. If Indevus elects not to file, prosecute or maintain a patent application or patent included in shall solicit Esprit’s review of the Indevus Patent Rights in the Territory, it shall provide Odyssey with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, nature and Odyssey shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain text of such patent application or patent. Odyssey shall have the first right applications and important prosecution matters related thereto in reasonably sufficient time prior to file, prosecute and maintain the Odyssey Patent Rights in Odyssey’s name, using patent counsel selected by Odyssey and shall be responsible for the payment of all patent prosecution and maintenance costs. Odyssey agrees to keep Indevus informed of the course of patent prosecution or other proceedings including by providing Indevus with copies of office actions received by Odyssey from the United States Patent and Trademark Office concerning Odyssey Patent Rights. If Odyssey elects not to file, prosecute or maintain a patent application or patent included in the Odyssey Patent Rights in the Territory, it shall provide Indevus with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiturefiling thereof, and Indevus shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent. Indevus shall have the first right to file, prosecute and maintain any patent application(s) or patent(s) arising from Joint Inventions and shall be responsible for the payment of all patent prosecution and maintenance coststake into account Esprit’s reasonable comments related thereto. Upon Indevus’s ’ request, Odyssey Esprit shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. If Indevus elects not to file, prosecute or maintain any such a patent application or patent included in any particular country such Patent Rights in the Territory, it shall provide Odyssey Esprit with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Odyssey Esprit shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent in such country in Odyssey’s nameas owner thereof. The responsible Party under this Section 8.2 Esprit shall solicit have the other Party’s review of sole right to file, prosecute and maintain any patent application(s) or patent(s) arising from the nature and text of such patent applications and important prosecution matters related thereto in reasonably sufficient time prior to filing thereofEsprit Inventions, and the responsible Party shall take into account the other Party’s reasonable comments related theretoat its sole expense.

Maintenance and Prosecution. Indevus shall have the first right to file, prosecute and maintain the Indevus Patent Rights and any patent application(s) or patent(s) Confidential treatment has been requested for portions of this document. This copy of the document filed as an Exhibit omits the confidential information subject to the confidentiality request. Omissions are designated by the symbol [...***...]. A complete version of this document has been provided separately to the Securities and Exchange Commission. arising from Joint Inventions in Indevus’s ’ name, using patent counsel selected by Indevus and shall be responsible for the payment of all patent prosecution and maintenance costs. Indevus agrees to keep Odyssey Esprit informed of the course of patent prosecution or other proceedings proceedings, including by providing Odyssey Esprit with copies of office actions and communications received by Indevus from from, and communications sent by Indevus to, the United States Patent and Trademark Office and foreign patent offices concerning Indevus such Patent Rights. If Indevus elects not to file, prosecute or maintain a patent application or patent included in shall solicit Esprit’s review of the Indevus Patent Rights in the Territory, it shall provide Odyssey with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, nature and Odyssey shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain text of such patent application or patent. Odyssey shall have the first right applications and important prosecution matters related thereto in reasonably sufficient time prior to file, prosecute and maintain the Odyssey Patent Rights in Odyssey’s name, using patent counsel selected by Odyssey and shall be responsible for the payment of all patent prosecution and maintenance costs. Odyssey agrees to keep Indevus informed of the course of patent prosecution or other proceedings including by providing Indevus with copies of office actions received by Odyssey from the United States Patent and Trademark Office concerning Odyssey Patent Rights. If Odyssey elects not to file, prosecute or maintain a patent application or patent included in the Odyssey Patent Rights in the Territory, it shall provide Indevus with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiturefiling thereof, and Indevus shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent. Indevus shall have the first right to file, prosecute and maintain any patent application(s) or patent(s) arising from Joint Inventions and shall be responsible for the payment of all patent prosecution and maintenance coststake into account Esprit’s reasonable comments related thereto. Upon Indevus’s ’ request, Odyssey Esprit shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. If Indevus elects not to file, prosecute or maintain any such a patent application or patent included in any particular country such Patent Rights in the Territory, it shall provide Odyssey Esprit with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Odyssey Esprit shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent in such country in Odyssey’s nameas owner thereof. The responsible Party under this Section 8.2 Esprit shall solicit have the other Party’s review of sole right to file, prosecute and maintain any patent application(s) or patent(s) arising from the nature and text of such patent applications and important prosecution matters related thereto in reasonably sufficient time prior to filing thereofEsprit Inventions, and the responsible Party shall take into account the other Party’s reasonable comments related theretoat its sole expense.

Maintenance and Prosecution. Indevus shall have (a) MetaStat and ASET each acknowledges that MIT has the first sole and exclusive right to file, prosecute and maintain the Indevus MIT Patent Rights in Indevus’s name, using patent counsel selected by Indevus and shall be responsible for the payment of all patent prosecution and maintenance costs. Indevus agrees to keep Odyssey informed accordance with Section 6 of the course of patent prosecution or other proceedings including by providing Odyssey with copies of office actions received by Indevus from the United States Patent and Trademark Office concerning Indevus Patent Rights. If Indevus elects not to file, prosecute or maintain a patent application or patent included in the Indevus Patent Rights in the Territory, it shall provide Odyssey with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Odyssey shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent. Odyssey shall have the first right to file, prosecute and maintain the Odyssey Patent Rights in Odyssey’s name, using patent counsel selected by Odyssey and shall be responsible for the payment of all patent prosecution and maintenance costs. Odyssey agrees to keep Indevus informed of the course of patent prosecution or other proceedings including by providing Indevus with copies of office actions received by Odyssey from the United States Patent and Trademark Office concerning Odyssey Patent Rights. If Odyssey elects not to file, prosecute or maintain a patent application or patent included in the Odyssey Patent Rights in the Territory, it shall provide Indevus with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and Indevus shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent. Indevus shall have the first right to file, prosecute and maintain any patent application(s) or patent(s) arising from Joint Inventions and shall be responsible for the payment of all patent prosecution and maintenance costsTherapeutic License Agreement. Upon IndevusMetaStat’s request, Odyssey ASET shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. If Indevus elects not . (b) ASET shall also have the first right to file, prosecute and maintain the MetaStat Patent Rights not covered by Section 6.2(a) and any patent application(s) or maintain any such patent(s) arising from Joint Inventions, using patent application counsel selected by ASET and shall be responsible for the payment of all patent prosecution and maintenance costs. ASET agrees to keep MetaStat informed of the course of patent prosecution or patent in any particular country in the Territoryother proceedings, it shall provide Odyssey including by providing MetaStat with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiturecopies of office actions and communications received by ASET from, and Odyssey shall have communications sent by ASET to, the right, but not the obligation, at its sole expense, to file, prosecute or maintain United States Patent and Trademark Office and foreign patent offices concerning such patent application or patent in such country in Odyssey’s nameMetaStat Patent Rights. The responsible Party under this Section 8.2 ASET shall solicit the other PartyMetaStat’s review of the nature and text of such patent applications and important prosecution matters related thereto in reasonably sufficient time prior to filing thereof, and the responsible Party ASET shall take into account the other PartyMetaStat’s reasonable comments related thereto. Upon ASET’s request, MetaStat shall reasonably cooperate in the filing, prosecution or maintenance of any such patent application or patent. If ASET elects not to file, prosecute or maintain a patent application or patent included in such MetaStat Patent Rights in the Territory, it shall provide MetaStat with no less than forty-five (45) days’ written advance notice sufficient to avoid any loss or forfeiture, and MetaStat shall have the right, but not the obligation, at its sole expense, to file, prosecute or maintain such patent application or patent as owner thereof. ASET shall have the sole right to file, prosecute and maintain any patent application(s) or patent(s) arising from the ASET Inventions, at its sole expense.