Common use of Maintenance of the Patents Clause in Contracts

Maintenance of the Patents. (a) The Company shall have full responsibility for, and shall control the preparation and prosecution of, all patent applications and the maintenance of all patents relating to the Technology (including the Patents) throughout the Territory. In connection therewith, the Company shall generally consult with ERS on all future filings with respect to the Patents and the prosecution and maintenance of such Patents, including where appropriate or reasonably requested by ERS, providing copies to ERS of any such filings made to, and written communications received from, any patent office relating, in whole or in part, to the Patents. The Company shall pay all costs and expenses of filing, prosecuting and maintaining the Patents and the patents covering Inventions arising from the Technology. ERS shall have full responsibility for, and shall control the preparation and prosecution of, all patent applications and the maintenance of all patents relating to ERS Inventions throughout the Territory. In connection therewith, ERS shall generally consult with the Company on all future filings with respect to such patents and the prosecution and maintenance of such patents, including where appropriate or reasonably requested by the Company, providing copies to the Company of any such filings made to, and written communications received from, any patent office relating, in whole or in part, to such patents. ERS shall pay all costs and expenses of filing, prosecuting and maintaining patents covering ERS Inventions. Notwithstanding the foregoing, the Company shall not have the right to file patent applications or maintain patents for ERS Inventions, regardless of whether such ERS Inventions relate to the Technology. Upon a determination by the PDC that a patent application should be filed for an Invention relating to a Product that the PDC intends to commercialize in a particular country, the Company shall, at it sole cost and expense, file patent applications for such Invention in such country. (b) Each Party agrees to cooperate with the other Parties to execute all lawful papers and instruments, to make all rightful oaths and declarations and to provide consultation and assistance as may be necessary in the preparation, prosecution, maintenance and enforcement of all such patents and patent applications pursuant to this Agreement.

Maintenance of the Patents. (a) The Company shall have full responsibility for, and shall control the preparation and prosecution of, all patent applications and the maintenance of all patents relating to the Technology (including the Patents) throughout the Territory. In connection therewith, the Company shall generally consult with ERS on all future filings with respect to the Patents and the prosecution Confidential treatment requested by Xxxxxxx-Xxxxx Squibb Company, Xxxxxxx-Xxxxx Squibb Biologics Company and ImClone Systems Incorporated. and maintenance of such Patents, including where appropriate or reasonably requested by ERS, providing copies to ERS of any such filings made to, and written communications received from, any patent office relating, in whole or in part, to the Patents. The Company shall pay all costs and expenses of filing, prosecuting and maintaining the Patents and the patents covering Inventions arising from the Technology. ERS shall have full responsibility for, and shall control the preparation and prosecution of, all patent applications and the maintenance of all patents relating to ERS Inventions throughout the Territory. In connection therewith, ERS shall generally consult with the Company on all future filings with respect to such patents and the prosecution and maintenance of such patents, including where appropriate or reasonably requested by the Company, providing copies to the Company of any such filings made to, and written communications received from, any patent office relating, in whole or in part, to such patents. ERS shall pay all costs and expenses of filing, prosecuting and maintaining patents covering ERS Inventions. Notwithstanding the foregoing, the Company shall not have the right to file patent applications or maintain patents for ERS Inventions, regardless of whether such ERS Inventions relate to the Technology. Upon a determination by the PDC that a patent application should be filed for an Invention relating to a Product that the PDC intends to commercialize in a particular country, the Company shall, at it sole cost and expense, file patent applications for such Invention in such country. (b) Each Party agrees to cooperate with the other Parties to execute all lawful papers and instruments, to make all rightful oaths and declarations and to provide consultation and assistance as may be necessary in the preparation, prosecution, maintenance and enforcement of all such patents and patent applications pursuant to this Agreement.

Maintenance of the Patents. (a) The Company shall have full responsibility for, and shall control the preparation and prosecution of, all patent applications and the maintenance of all patents relating to the Technology (including the Patents) throughout the Territory. In connection therewith, the Company shall generally consult with ERS on all future filings with respect to the Patents and the prosecution and Confidential treatment requested by Bristol-Myers Squibb Company, Bristol-Myers Squibb Biologics Xxxxxxx xxx XmClone Systems Incorpxxxxxx. xxx maintenance of such Patents, including where appropriate or reasonably requested by ERS, providing copies to ERS of any such filings made to, and written communications received from, any patent office relating, in whole or in part, to the Patents. The Company shall pay all costs and expenses of filing, prosecuting and maintaining the Patents and the patents covering Inventions arising from the Technology. ERS shall have full responsibility for, and shall control the preparation and prosecution of, all patent applications and the maintenance of all patents relating to ERS Inventions throughout the Territory. In connection therewith, ERS shall generally consult with the Company on all future filings with respect to such patents and the prosecution and maintenance of such patents, including where appropriate or reasonably requested by the Company, providing copies to the Company of any such filings made to, and written communications received from, any patent office relating, in whole or in part, to such patents. ERS shall pay all costs and expenses of filing, prosecuting and maintaining patents covering ERS Inventions. Notwithstanding the foregoing, the Company shall not have the right to file patent applications or maintain patents for ERS Inventions, regardless of whether such ERS Inventions relate to the Technology. Upon a determination by the PDC that a patent application should be filed for an Invention relating to a Product that the PDC intends to commercialize in a particular country, the Company shall, at it sole cost and expense, file patent applications for such Invention in such country. (b) Each Party agrees to cooperate with the other Parties to execute all lawful papers and instruments, to make all rightful oaths and declarations and to provide consultation and assistance as may be necessary in the preparation, prosecution, maintenance and enforcement of all such patents and patent applications pursuant to this Agreement.