Common use of Patent Control Clause in Contracts

Patent Control. Penn controls the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, with input from VGX. If, however, VGX desires a greater degree of control over the Patent Rights, then VGX and Penn will use good faith efforts to enter into a Client and Billing Agreement with patent counsel in substantially in the form attached as Exhibit D. During the term of the Client and Billing Agreement, VGX will manage the preparation, prosecution and maintenance of the Patent Rights, with input from Penn. In the absence of or upon termination of a Client and Billing Agreement for any reason, control reverts to Penn under the first sentence of this Section 8.1. For purposes of this Article 8, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by Penn, VGX, a third party, or the United States Patent and Trademark Office, and any requests by Penn or VGX that the United States Patent and Trademark Office reexamine or reissue any patent in the Patent Rights.

Patent Control. Except as otherwise provided in this Section 7.1, Penn controls shall control the preparation, prosecution and maintenance of the Patent Rights and the selection of patent counsel, with input from VGXCompany. If, however, VGX Company desires a greater degree of control over the Patent Rights, then VGX Company and Penn will use good faith efforts to promptly enter into a Client and Billing Agreement with patent counsel acceptable to the Company in substantially in the form attached as Exhibit D. F. During the term of the Client and Billing Agreement, VGX Company will control and manage the preparation, prosecution and maintenance of the Patent Rights, with input from Penn. In the absence of or upon termination of a Client and Billing Agreement for any reason, control reverts to Penn under the first sentence of this Section 8.1with input from Company. For purposes of this Article 87, the word “maintenance” includes any interference negotiations, claims, or proceedings, in any forum, brought by Penn, VGXCompany, a third party, or the United States Patent and Trademark Office, and any requests by Penn or VGX Company that the United States Patent and Trademark Office reexamine or reissue any patent in the Patent Rights.