Common use of Patent Prosecution and License Fees Clause in Contracts

Patent Prosecution and License Fees. (a) With the exception of Genentech Patent Rights under the *** License, Genentech shall be responsible for the prosecution and maintenance of the Genentech Patent Rights in the Territory at Genentech’s expense, in consultation with Connetics. Genentech shall be responsible for the prosecution and maintenance and outside counsel fees associated therewith of the Genentech Patent Rights under the *** License in the Field of Use in the Territory at Connetics’ expense, upon prior consultation with and approval from Connetics, which approval shall not be unreasonably withheld or delayed. Genentech shall keep Connetics promptly informed of the status of prosecution of Genentech Patent Rights in the Territory, including providing copies of all material correspondence with the U.S. Patent and Trademark Office. Connetics shall have the right to comment upon such *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. prosecution and Genentech agrees to take such comments into consideration reasonably in advance of any action taken by Genentech in such prosecution. (b) Connetics shall assist Genentech in prosecuting and maintaining the Genentech Patent Rights as contemplated by Section 5.2(a) above. (c) At least thirty (30) days prior to the time each benchmark payment of *** under the *** License becomes due during the term of this Agreement, Genentech shall notify Connetics of such payment due and Connetics shall have the option of paying such benchmark payment, on Genentech’s behalf, when due to *** . In the event that Connetics chooses not to pay the benchmark payment when due, Connetics shall so notify Genentech and Genentech shall have the option of paying such benchmark payment. If Genentech pays such benchmark payment, Connetics shall reimburse Genentech for such payment within thirty (30) days of receipt of Genentech’s request for reimbursement.

Patent Prosecution and License Fees. (a) With the exception of Genentech Patent Rights under the *** CMCC License, Genentech shall be responsible for the prosecution and maintenance of the Genentech Patent Rights in the Territory at Genentech’s 's expense, in consultation with Connetics. Genentech shall be responsible for the prosecution and maintenance and outside counsel fees associated therewith of the Genentech Patent Rights under the *** CMCC License in the Field of Use in the Territory at Connetics’ ' expense, upon prior consultation with and approval from Connetics, which approval shall not be unreasonably withheld or delayed. Genentech shall keep Connetics promptly informed of the status of prosecution of Genentech Patent Rights in the Territory, including providing copies of all material correspondence with the U.S. Patent and Trademark Office. Connetics shall have the right to comment upon such *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. prosecution and Genentech agrees to take such comments into consideration reasonably in advance of any action taken by Genentech in such prosecution. (b) Connetics shall assist Genentech in prosecuting and maintaining the Genentech Patent Rights as contemplated by Section 5.2(a) above. (c) At least thirty (30) days prior to the time each benchmark payment of **[ * ] under the **[ * ] License becomes due during the term of this Agreement, Genentech shall notify Connetics of such payment due and Connetics shall have the option of paying such benchmark [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. payment, on Genentech’s 's behalf, when due to **[ * ]. In the event that Connetics chooses not to pay the benchmark payment when due, Connetics shall so notify Genentech and Genentech shall have the option of paying such benchmark payment. If Genentech pays such benchmark payment, Connetics shall reimburse Genentech for such payment within thirty (30) days of receipt of Genentech’s 's request for reimbursement.

Patent Prosecution and License Fees. (a) With the exception of Genentech Patent Rights under the *** [1] License, Genentech shall be responsible for the prosecution and maintenance of the Genentech Patent Rights in the Territory at Genentech’s 's expense, in consultation with Connetics. Genentech shall be responsible for the prosecution and maintenance and outside counsel fees associated therewith of the Genentech Patent Rights under the *** [1] License in the Field of Use in the Territory at Connetics’ ' expense, upon prior consultation with and approval from Connetics, which approval shall not be unreasonably withheld or delayed. Genentech shall keep Connetics promptly informed of the status of prosecution of Genentech Patent Rights in the Territory, including providing copies of all material correspondence with the U.S. Patent and Trademark Office. Connetics shall have the right to comment upon such *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. prosecution and Genentech agrees to take such comments into consideration reasonably in advance of any action taken by Genentech in such prosecution. (b) Connetics shall assist Genentech in prosecuting and maintaining the Genentech Patent Rights as contemplated by Section 5.2(a) above. (c) At least thirty (30) days prior to the time each benchmark payment of *** [1] under the *** [1] License becomes due during the term of this Agreement, Genentech shall notify Connetics of such payment due and Connetics shall have the option of paying such benchmark payment, on Genentech’s behalf, when due to *** [1] Confidential treatment has been requested for the language which has been omitted. In All such omitted material has been filed separately with the event that Connetics chooses not to pay the benchmark payment when due, Connetics shall so notify Genentech and Genentech shall have the option of paying such benchmark payment. If Genentech pays such benchmark payment, Connetics shall reimburse Genentech for such payment within thirty (30) days of receipt of Genentech’s request for reimbursementSEC.