Option to Prosecute and Maintain Patents. Merck shall give timely notice to Metabasis of any decision not to file applications for, or to cease prosecution and/or maintenance of, or not to continue to pay the expenses of prosecution and/or maintenance of, any Prior Patents or Collaboration Patents on a country-by-country basis and, in such case, shall permit Metabasis, at its sole discretion and expense, to file or to continue prosecution or maintenance of such Prior Patents or Collaboration Patents, in which event Merck shall execute such documents and perform such acts at its expense as may be reasonably necessary to [***] in a timely manner. Any patents or patent applications [***] shall not be considered part of Collaboration Technology or Prior Technology and the claims of such Patents shall not be subject to the license provisions of Article 3.
Option to Prosecute and Maintain Patents. If: (a) Jxxxxxx decides to abandon any Jxxxxxx Patent Rights while Provention is licensed under those Jxxxxxx Patent Rights; or (b) Provention decides to abandon any Patent Rights on Provention New IP, then, prior to such abandonment, the Party desiring to abandon shall first provide the other Party with notice within a reasonable amount of time prior to the next action item required to maintain such Patent Rights, offering to assign to the other Party its rights to such Patent Rights. If the other Party accepts, such Patent Rights shall thereafter be assigned, and any further costs related to the maintenance or prosecution of the assigned Patent Rights will be borne by the assignee.
Option to Prosecute and Maintain Patents. LICENSOR shall give notice to LICENSEE of any intention to cease prosecution and/or maintenance, or not to proceed with an extension, of LICENSED PATENTS and, in such case, shall permit LICENSEE, at LICENSEE's sole discretion, to continue prosecution or maintenance or proceed with the extension at its own expenses. If LICENSEE elects to continue prosecution or maintenance or to proceed with the extension, LICENSOR shall execute such documents and perform such acts at LICENSEE's expense as may be [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. reasonably necessary to effect an assignment of such LICENSED PATENTS to LICENSEE in a timely manner, and more generally to permit LICENSEE to continue such prosecution and maintenance or to proceed with the extension. Any patents and patent applications so assigned shall not be considered as LICENSED PATENTS as of the date of such assignment. No royalties shall be payable by LICENSEE on sales of PRODUCTS covered only by a Valid Patent Claim of a LICENSED PATENT which has been assigned to LICENSEE pursuant to this Section 7.3.
Option to Prosecute and Maintain Patents. A filing Party shall give timely advanced notice to the other of any desire to cease prosecution and/or maintenance of such Party's Patent Rights and, in such case, shall permit the original non-filing Party, at its sole discretion, to continue prosecution or maintenance at its own expense. If an original non-filing Party elects to continue prosecution or maintenance, the original Party responsible for filing and maintenance of the Patent Rights shall execute such documents and perform such acts as may be reasonably necessary to effect an assignment of such Patent Rights to the original non-filing Party in a timely manner to allow such Party to continue such prosecution or maintenance. Any patents or patent applications so assigned shall no longer be considered Patent Rights.
Option to Prosecute and Maintain Patents. (i) Should the Patent Committee decide for any reason not to file applications for, or to cease prosecution and/or maintenance of, or not to continue to pay the expenses ofprosecution and/or maintenance of, any Collaboration Patents on a country-by-country basis, then Gilead, at its sole discretion and expense, may elect to file or to continue prosecution or maintenance of any or all such Collaboration Patents:
(ii) Should a Party (the “Concerned Party”) in good faith believe that the Responsible Party is not meeting its obligations in accordance with Section 7.3.3(b), the Concerned Party may provide the Responsible Party with written notice thereof, in which event the Responsible Party will have sixty (60) days from the date of such notice in which to reasonably demonstrate to the Concerned Party that the Responsible Party is meeting such diligence obligations. Ifthe Concerned Party determines that such notice does not justify the delay, or such notice is not timely delivered, then the Concerned Party may notify the Responsible Party that the Concerned Party has determined that it wishes to become the Responsible Party for such Patent. The Responsible Party shall have thirty (30) days after receipt of such notice to initiate the dispute resolution process set forth in Section 11.6, and assumption by the Concerned Party of the position as Responsible Party with respect to such Patent shall not occur until either expiration of such thirty (30) day period without the Responsible Party commencing the dispute resolution process, or the dispute resolution process has completed and determined that the Concerned Party has the right to become the Responsible Party with respect to such Patent.
(iii) In the event that the Concerned Party takes over any Collaboration Patent as described in Section 7.3.3(e)(i) or (ii), the Responsible Party shall execute such documents and perform such acts as may be reasonably necessary to allow the Concerned Party to continue prosecution and/or maintenance of such Patent in a timely manner. Such Patent shall continue to be considered part of Collaboration Technology and the claims of any such Patent shall be subject to the license provisions of Article 3 and payment obligations of Article 5.
Option to Prosecute and Maintain Patents. CISTRON shall give notice to PMC of any intention to cease prosecution and/or maintenance, or not to proceed with an extension, of OPTIONED PATENTS and, in such case, shall permit PMC, at PMC's sole discretion, to continue prosecution or maintenance or proceed with the extension at its own expenses. If PMC elects to continue prosecution or maintenance or to proceed with the extension, CISTRON shall execute such documents and perform such acts at PMC's expense as may be reasonably necessary to effect an assignment of such OPTIONED PATENTS to PMC in a timely manner, and more generally to permit PMC to continue such prosecution and maintenance or to proceed with the extension. Any patents and patent applications so assigned shall not be considered as OPTIONED PATENTS as of the date of such assignment. No royalties shall be payable by PMC on sales of PRODUCTS covered only by a Valid Patent Claim of a OPTIONED PATENT which has been assigned to PMC pursuant to this Section 3.8.
Option to Prosecute and Maintain Patents. 10.3.1 Vertex shall give notice to Xxxxxxx of any desire to cease prosecution and/or maintenance of Vertex Patent Rights or Joint Patent Rights on a country-by-country basis in the Territory and, in such case, shall permit Xxxxxxx, at its sole discretion, to continue prosecution or maintenance of such Vertex Patent Rights [***]. If Xxxxxxx elects to continue prosecution or maintenance or to file based on Vertex’s election not to file pursuant to this Section 10.3, Vertex shall execute such documents and perform such acts at [***] expense as may be reasonably necessary to allow Xxxxxxx to initiate or continue such filing, prosecution or maintenance.
10.3.2 Xxxxxxx shall give notice to Vertex of any desire to cease prosecution and/or maintenance of Xxxxxxx Patent Rights or Joint Patent Rights in any country and, in such case, shall permit Vertex at its sole discretion, to continue prosecution or maintenance of such Xxxxxxx Patent Rights [***]. If Vertex elects to continue prosecution or maintenance or to file based on Xxxxxxx’x election not to file pursuant to this Section 10.3, Xxxxxxx shall execute such documents and perform such acts at [***] expense as may be reasonably necessary to allow Vertex to initiate or continue such filing, prosecution or maintenance.
Option to Prosecute and Maintain Patents. Vertex shall give notice to Xxxxxxx of any desire to cease prosecution and/or maintenance of Vertex Patent Rights or Joint Patent Rights on a country-by-country basis in the Territory and, in such case, shall permit Xxxxxxx, at its sole discretion, to continue prosecution or maintenance of such Vertex Patent Rights [***]. If Xxxxxxx elects to continue prosecution or maintenance or to file based on Vertex’s election not to file pursuant to this Section 10.3, Vertex shall execute such documents and perform such acts at [***] expense as may be reasonably necessary to allow Xxxxxxx to initiate or continue such filing, prosecution or maintenance.
Option to Prosecute and Maintain Patents. Each Party shall give timely notice to the other Party of any decision to cease prosecution or maintenance of any Patents for which it is responsible pursuant to Section 8.2. The Party giving such notice shall furthermore permit the other Party at its sole discretion and expense, to so file or to continue such prosecution or maintenance.
Option to Prosecute and Maintain Patents. Vertex shall give notice to GSK of any desire to cease prosecution and/or maintenance of Vertex Patent Rights or Joint Patent Rights on a country by country basis in the Territory and, in such case, shall permit GSK, at its sole discretion, to continue prosecution or maintenance of such Vertex Patent Rights at its own expense. If GSK elects to continue prosecution or maintenance or to file based on Vertex's election not to file pursuant to Section 10.1, Vertex shall execute such documents and perform such acts at Vertex's expense as may be reasonably necessary to allow GSK to initiate or continue such filing, prosecution or maintenance.
