Common use of PATENT PROSECUTION AND PROTECTION Clause in Contracts

PATENT PROSECUTION AND PROTECTION. The Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the IC all serial numbers and filing dates, together with copies of all these applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution, shall file with Patent Offices, a Power of Attorney, that names both the Institution and the IC. This Power of Attorney shall be filed with every Patent Office involved in prosecuting all patent applications pertaining to Patent Rights. The Institution shall consult with the IC, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. The Institution shall make an election with respect to foreign filing, upon consultation with the IC, including which countries foreign filing shall be done prior to the election, within eight (8) months of any United States filing. If any foreign patent applications are filed, the Institution shall promptly provide to the IC all serial numbers and filing dates. The Institution also shall provide the IC copies of foreign patent applications and Patent Office actions. The Institution shall consult with the IC, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. The Institution shall promptly record Assignments of domestic Patent Rights in the United States Patent and Trademark Office and shall promptly provide the IC with the original of each recorded Assignment with respect to the IC. Notwithstanding any other provision of this Agreement, the Institution shall not abandon the prosecution of any patent application, including provisional patent applications (except for purposes of filing continuation application(s)) or the maintenance of any patent contemplated by this Agreement, without prior written notice to the IC. Upon receiving the written notice, the IC may, at its sole option, take over the prosecution of any patent application, or the maintenance of any patent. The Institution shall promptly provide the IC with copies of all issued patents under this Agreement. In the event that the Institution anticipates the possibility of any extraordinary expenditures arising from the preparation, filing, prosecution, licensing, or defense of any patent application or patent contemplated by this Agreement, including, without limitation, interferences, reexaminations, reissues and oppositions, the Institution shall provide the IC with all relevant information, and these extraordinary expenditures shall be included as Expenses only upon written agreement of the IC. The Institution and the IC shall agree on a mutually acceptable course of action prior to incurring these expenditures.

PATENT PROSECUTION AND PROTECTION. The Institution IC shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the IC Institution all serial numbers and filing dates, together with copies of all these the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution, Institution shall file with Patent Offices, a Power of Attorney, that names both the Institution and the IC. This be granted Power of Attorney shall be filed with every Patent Office involved in prosecuting for all such patent applications pertaining to Patent Rightsapplications. The Institution IC shall consult with the ICInstitution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. The Institution IC shall make an election with respect to foreign filing, upon consultation with the IC, including which countries foreign filing shall be done prior to the election, within eight (8) months of any United States filingInstitution. If any foreign patent applications are filed, the Institution IC shall promptly provide to the IC Institution all serial numbers and filing dates. The Institution IC also shall provide to the IC Institution copies of foreign patent applications and Patent Office actions. The Institution IC shall consult with the ICInstitution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. The Institution IC shall promptly record Assignments assignments of domestic Patent Rights patent rights in the United States Patent and Trademark Office and shall promptly provide the IC Institution with the original a photocopy of each recorded Assignment with respect Assignment(s) to the ICInstitution. Notwithstanding any other provision of this Agreement, the Institution IC shall not abandon the prosecution of any patent application, including provisional patent applications (except for purposes of filing continuation application(s)) or the maintenance of any patent contemplated by this Agreement, without prior written notice to the ICInstitution. Upon receiving the written notice, the IC Institution may, at its sole optionoption and expense, take over the prosecution of any patent application, or the maintenance of any patent. The Institution IC shall promptly provide to the IC with Institution copies of all patents issued patents under which are subject to this Agreement. In the event that the Institution IC anticipates the possibility of any extraordinary expenditures arising from the preparation, filing, prosecution, licensing, or defense of any patent application or patent contemplated by this Agreement, including, without limitation, interferences, reexaminations, reissues and oppositions, the Institution IC shall provide the IC Institution with all relevant information, information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the ICInstitution. The Institution IC and the IC Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures.

PATENT PROSECUTION AND PROTECTION. The Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the IC NIH all serial numbers and filing dates, together with copies of all these applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution, shall file with Patent Offices, a Power of Attorney, that names both the Institution and the ICNIH. This Power of Attorney shall be filed with every Patent Office involved in prosecuting all patent applications pertaining to Patent Rights. The Institution shall consult with the ICNIH, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. The Institution shall make an election with respect to foreign filing, upon consultation with the ICNIH, including which countries foreign filing shall be done prior to the election, within eight (8) months of any United States filing. If any foreign patent applications are filed, the Institution shall promptly provide to the IC NIH all serial numbers and filing dates. The Institution also shall provide the IC NIH copies of foreign patent applications and Patent Office actions. The Institution shall consult with the ICNIH, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. The Institution shall promptly record Assignments of domestic Patent Rights in the United States Patent and Trademark Office and shall promptly provide the IC NIH with the original of each recorded Assignment with respect to the ICNIH. Notwithstanding any other provision of this Agreement, the Institution shall not abandon the prosecution of any patent application, including provisional patent applications (except for purposes of filing continuation application(s)) or the maintenance of any patent contemplated by this Agreement, without prior written notice to the ICNIH. Upon receiving the written notice, the IC NIH may, at its sole option, take over the prosecution of any patent application, or the maintenance of any patent. The Institution shall promptly provide the IC NIH with copies of all issued patents under this Agreement. In the event that the Institution anticipates the possibility of any extraordinary expenditures arising from the preparation, filing, prosecution, licensing, or defense of any patent application or patent contemplated by this Agreement, including, without limitation, interferences, reexaminations, reissues and oppositions, the Institution shall provide the IC NIH with all relevant information, and these extraordinary expenditures shall be included as Expenses only upon written agreement of the ICNIH. The Institution and the IC NIH shall agree on a mutually acceptable course of action prior to incurring these expenditures.

PATENT PROSECUTION AND PROTECTION. The Institution NIH shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the IC Institution all serial numbers and filing dates, together with copies of all these the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution, Institution shall file with Patent Offices, a Power of Attorney, that names both the Institution and the IC. This be granted Power of Attorney shall be filed with every Patent Office involved in prosecuting for all such patent applications pertaining to Patent Rightsapplications. The Institution NIH shall consult with the ICInstitution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. The Institution NIH shall make an election with respect to foreign filing, upon consultation with the IC, including which countries foreign filing shall be done prior to the election, within eight (8) months of any United States filingInstitution. If any foreign patent applications are filed, the Institution NIH shall promptly provide to the IC Institution all serial numbers and filing dates. The Institution NIH also shall provide to the IC Institution copies of foreign patent applications and Patent Office actions. The Institution NIH shall consult with the ICInstitution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. The Institution NIH shall promptly record Assignments assignments of domestic Patent Rights patent rights in the United States Patent and Trademark Office and shall promptly provide the IC Institution with the original a photocopy of each recorded Assignment with respect Assignment(s) to the ICInstitution. Notwithstanding any other provision of this Agreement, the Institution NIH shall not abandon the prosecution of any patent application, including provisional patent applications (except for purposes of filing continuation application(s)) or the maintenance of any patent contemplated by this Agreement, without prior written notice to the ICInstitution. Upon receiving the written notice, the IC Institution may, at its sole optionoption and expense, take over the prosecution of any patent application, or the maintenance of any patent. The Institution NIH shall promptly provide to the IC with Institution copies of all patents issued patents under which are subject to this Agreement. In the event that the Institution NIH anticipates the possibility of any extraordinary expenditures arising from the preparation, filing, prosecution, licensing, or defense of any patent application or patent contemplated by this Agreement, including, without limitation, interferences, reexaminations, reissues and oppositions, the Institution NIH shall provide the IC Institution with all relevant information, information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the ICInstitution. The Institution NIH and the IC Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures.

PATENT PROSECUTION AND PROTECTION. The Institution IC shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the IC Institution all serial numbers and filing dates, together with copies of all these the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution, Institution shall file with Patent Offices, a Power of Attorney, that names both the Institution and the IC. This be granted Power of Attorney shall be filed with every Patent Office involved in prosecuting for all such patent applications pertaining to Patent Rightsapplications. The Institution IC shall consult with the ICInstitution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. The Institution IC shall make an election with respect to foreign filing, upon consultation with the IC, including which countries foreign filing shall be done prior to the election, within eight (8) months of any United States filingInstitution. If any foreign patent applications are filed, the Institution IC shall promptly provide to the IC Institution all serial numbers and filing dates. The Institution IC also shall provide to the IC Institution copies of foreign patent applications and Patent Office actions. The Institution IC shall consult with the ICInstitution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. The Institution IC shall promptly record Assignments of domestic Patent Rights patent rights in the United States Patent and Trademark Office and shall promptly provide the IC Institution with the original a photocopy of each recorded Assignment with respect Assignment(s) to the ICInstitution. Notwithstanding any other provision of this Agreement, the Institution IC shall not abandon the prosecution of any patent application, including provisional patent applications (except for purposes of filing continuation application(s)) or the maintenance of any patent contemplated by this Agreement, without prior written notice to the ICInstitution. Upon receiving the written notice, the IC Institution may, at its sole optionoption and expense, take over the prosecution of any patent application, or the maintenance of any patent. The Institution IC shall promptly provide the IC Institution with copies of all issued patents under this Agreement. In the event that the Institution IC anticipates the possibility of any extraordinary expenditures arising from the preparation, filing, prosecution, licensing, or defense of any patent application or patent contemplated by this Agreement, including, without limitation, interferences, reexaminations, reissues and oppositions, the Institution IC shall provide the IC Institution with all relevant information, information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the ICInstitution. The Institution IC and the IC Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures.

PATENT PROSECUTION AND PROTECTION. The Institution NIH shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the IC Institution all serial numbers and filing dates, together with copies of all these the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution, Institution shall file with Patent Offices, a Power of Attorney, that names both the Institution and the IC. This be granted Power of Attorney shall be filed with every Patent Office involved in prosecuting for all such patent applications pertaining to Patent Rightsapplications. The Institution NIH shall consult with the ICInstitution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. The Institution NIH shall make an election with respect to foreign filing, upon consultation with the IC, including which countries foreign filing shall be done prior to the election, within eight (8) months of any United States filingInstitution. If any foreign patent applications are filed, the Institution NIH shall promptly provide to the IC Institution all serial numbers and filing dates. The Institution NIH also shall provide to the IC Institution copies of foreign patent applications and Patent Office actions. The Institution NIH shall consult with the ICInstitution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. The Institution NIH shall promptly record Assignments of domestic Patent Rights patent rights in the United States Patent and Trademark Office and shall promptly provide the IC Institution with the original a photocopy of each recorded Assignment with respect Assignment(s) to the ICInstitution. Notwithstanding any other provision of this Agreement, the Institution NIH shall not abandon the prosecution of any patent application, including provisional patent applications (except for purposes of filing continuation application(s)) or the maintenance of any patent contemplated by this Agreement, without prior written notice to the ICInstitution. Upon receiving the written notice, the IC Institution may, at its sole optionoption and expense, take over the prosecution of any patent application, or the maintenance of any patent. The Institution NIH shall promptly provide the IC Institution with copies of all issued patents under this Agreement. In the event that the Institution NIH anticipates the possibility of any extraordinary expenditures arising from the preparation, filing, prosecution, licensing, or defense of any patent application or patent contemplated by this Agreement, including, without limitation, interferences, reexaminations, reissues and oppositions, the Institution NIH shall provide the IC Institution with all relevant information, information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the ICInstitution. The Institution NIH and the IC Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures.