Common use of Other Ambrx Patents Clause in Contracts

Other Ambrx Patents. As between the Parties, Ambrx will have the first right, but not the obligation, to Prosecute in all jurisdictions all Ambrx Patents other than the Core Patents, Scripps Patents and Product Specific Patents (“Other Ambrx Patents”). If Ambrx determines in its sole discretion to abandon, cease prosecution of or otherwise not file or maintain any such Other Ambrx Patent in any Major Market, then Ambrx will provide BMS written notice of such determination at least thirty (30) days before any deadline for taking action to avoid abandonment (or other loss of rights) and will provide BMS with the opportunity to prepare, file, prosecute and maintain such Other Ambrx Patent in such Major Market. The Prosecuting Party will provide the other Party reasonable opportunity to review and comment on such prosecution efforts regarding such Other Ambrx Patent, and such other Party will provide the Prosecuting Party reasonable assistance in such efforts. The Prosecuting Party will provide the other Party with a copy of all material communications from any patent authority in the applicable jurisdictions regarding such Other Ambrx Patent being prosecuted by such Party, and will provide the other Party drafts of any material filings or responses to be made to such patent authorities a reasonable amount of time in advance of submitting such filings or responses so that such other Party may have an opportunity to review and comment thereon. In particular, each Party agrees to provide the other Party with all information necessary or desirable to enable the other Party to comply with the duty of candor/duty of disclosure requirements of any patent authority. Unless the Parties agree otherwise, Ambrx will be responsible for all costs incurred by it (including all Patent Prosecution Costs) in the course of Prosecuting and enforcing such Other Ambrx Patents.