Common use of PATENT PROSECUTION AND PROTECTION Clause in Contracts

PATENT PROSECUTION AND PROTECTION. 3.1 The IC shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution shall be granted Power of Attorney for all such patent applications. The IC shall consult with the Institution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 The IC shall make an election with respect to foreign filing, upon consultation with the Institution. If any foreign patent applications are filed, the IC shall promptly provide to the Institution all serial numbers and filing dates. The IC also shall provide to the Institution copies of foreign patent applications and Patent Office actions. The IC shall consult with the Institution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 The IC shall promptly record assignments of domestic patent rights in the United States Patent and Trademark Office and shall promptly provide the Institution with a photocopy of each recorded Assignment(s) to the Institution. 3.4 Notwithstanding any other provision of this Agreement, the 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 Institution. Upon receiving the written notice, the Institution may, at its sole option and expense, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 The IC shall promptly provide to the Institution copies of all patents issued which are subject to this Agreement. 3.6 In the event that the 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 IC shall provide the Institution with all relevant information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the Institution. The IC and the Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 4.1 The IC Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution PHS all serial numbers and filing dates, together with copies of all the these applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution Institution, shall be granted file with Patent Offices, a Power of Attorney, that names both the institution and PHS. This Power of Attorney for shall be filed with every Patent Office involved in prosecuting all such patent applicationsapplications pertaining to Patent Rights. The IC Institution shall consult with the InstitutionPHS, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 4.2 The IC Institution shall make an election with respect to foreign filing, upon consultation with PHS, including which countries foreign filing shall be done prior to the Institutionelection, within eight (8) months of any United States filing. If any foreign patent applications are filed, the IC Institution shall promptly provide to the Institution PHS all serial numbers and filing dates. The IC Institution also shall provide to the Institution PHS copies of foreign patent applications and Patent Office actions. The IC Institution shall consult with the InstitutionPHS, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 4.3 The IC Institution shall promptly record assignments Assignments of domestic patent rights Patent Rights in the United States Patent and Trademark Office and shall promptly provide PHS with the Institution with a photocopy original of each recorded Assignment(s) Assignment with respect to the InstitutionPHS. 3.4 4.4 Notwithstanding any other provision of this Agreement, the IC 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 InstitutionPHS. Upon receiving the written notice, the Institution PHS may, at its sole option and expenseoption, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 4.5 The IC institution shall promptly provide to the Institution PHS with copies of all issued patents issued which are subject to under this Agreement. 3.6 4.6 In the event that the IC 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 IC Institution shall provide the Institution PHS with all relevant information information, and these extraordinary expenditures shall be included as Expenses only upon written agreement of PHS, provided that if such extraordinary expenses are necessary to preserve or to avoid abandonment of the InstitutionPatent Rights, PHS shall not unreasonably withhold its approval of such extraordinary expenses. The IC Institution and the Institution PHS shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 4.1 The IC Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution IC all serial numbers and filing dates, together with copies of all the 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 shall be granted and the IC. This Power of Attorney for shall be filed with every Patent Office involved in prosecuting all such patent applicationsapplications pertaining to Patent Rights. The IC Institution shall consult with the InstitutionIC, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 4.2 The IC Institution shall make an election with respect to foreign filing, upon consultation with the InstitutionIC, 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 IC Institution shall promptly provide to the Institution IC all serial numbers and filing dates. The IC Institution also shall provide to the Institution IC copies of foreign patent applications and Patent Office actions. The IC Institution shall consult with the InstitutionIC, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 4.3 The IC Institution shall promptly record assignments Assignments of domestic patent rights Patent Rights in the United States Patent and Trademark Office and shall promptly provide the Institution IC with a photocopy the original of each recorded Assignment(s) Assignment with respect to the InstitutionIC. 3.4 4.4 Notwithstanding any other provision of this Agreement, the IC 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 InstitutionIC. Upon receiving the written notice, the Institution IC may, at its sole option and expenseoption, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 4.5 The IC Institution shall promptly provide to the Institution IC with copies of all issued patents issued which are subject to under this Agreement. 3.6 4.6 In the event that the IC 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 IC Institution shall provide the Institution IC with all relevant information information, and these extraordinary expenditures shall be included as Expenses only upon written agreement of the InstitutionIC. The IC Institution and the Institution IC shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 The IC shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution shall be granted Power of Attorney for all such patent applications. The IC shall consult with the Institution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 . The IC shall make an election with respect to foreign filing, upon consultation with the Institution. If any foreign patent applications are filed, the IC shall promptly provide to the Institution all serial numbers and filing dates. The IC also shall provide to the Institution copies of foreign patent applications and Patent Office actions. The IC shall consult with the Institution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 . The IC shall promptly record assignments of domestic patent rights in the United States Patent and Trademark Office and shall promptly provide the Institution with a photocopy of each recorded Assignment(s) to the Institution. 3.4 . Notwithstanding any other provision of this Agreement, the 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 Institution. Upon receiving the written notice, the Institution may, at its sole option and expense, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 . The IC shall promptly provide to the Institution copies of all patents issued which are subject to this Agreement. 3.6 . In the event that the 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 IC shall provide the Institution with all relevant information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the Institution. The IC and the Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 The IC Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution IC all serial numbers and filing dates, together with copies of all the 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 shall be granted and the IC. This Power of Attorney for shall be filed with every Patent Office involved in prosecuting all such patent applicationsapplications pertaining to Patent Rights. The IC Institution shall consult with the InstitutionIC, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 . The IC Institution shall make an election with respect to foreign filing, upon consultation with the InstitutionIC, 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 IC Institution shall promptly provide to the Institution IC all serial numbers and filing dates. The IC Institution also shall provide to the Institution IC copies of foreign patent applications and Patent Office actions. The IC Institution shall consult with the InstitutionIC, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 . The IC Institution shall promptly record assignments Assignments of domestic patent rights Patent Rights in the United States Patent and Trademark Office and shall promptly provide the Institution IC with a photocopy the original of each recorded Assignment(s) Assignment with respect to the Institution. 3.4 IC. Notwithstanding any other provision of this Agreement, the IC 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 InstitutionIC. Upon receiving the written notice, the Institution IC may, at its sole option and expenseoption, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 . The IC Institution shall promptly provide to the Institution IC with copies of all issued patents issued which are subject to under this Agreement. 3.6 . In the event that the IC 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 IC Institution shall provide the Institution IC with all relevant information information, and these extraordinary expenditures shall be included as Expenses only upon written agreement of the InstitutionIC. The IC Institution and the Institution IC shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 4.1 The IC shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution shall be granted Power of Attorney for all such patent applications. The IC shall consult with the Institution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 4.2 The IC shall make an election with respect to foreign filing, upon consultation with the Institution. If any foreign patent applications are filed, the IC shall promptly provide to the Institution all serial numbers and filing dates. The IC also shall provide to the Institution copies of foreign patent applications and Patent Office actions. The IC shall consult with the Institution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 4.3 The IC shall promptly record assignments Assignments of domestic patent rights in the United States Patent and Trademark Office and shall promptly provide the Institution with a photocopy of each recorded Assignment(s) to the Institution. 3.4 4.4 Notwithstanding any other provision of this Agreement, the 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 Institution. Upon receiving the written notice, the Institution may, at its sole option and expense, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 4.5 The IC shall promptly provide to the Institution with copies of all issued patents issued which are subject to under this Agreement. 3.6 4.6 In the event that the 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 IC shall provide the Institution with all relevant information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the Institution. The IC and the Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 4.1 The IC Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution PHS all serial numbers and filing dates, together with copies of all the 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 shall be granted and PHS. This Power of Attorney for shall be filed with every Patent Office involved in prosecuting all such patent applicationsapplications pertaining to Patent Rights. The IC Institution shall consult with the InstitutionPHS, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 4.2 The IC Institution shall make an election with respect to foreign filing, upon consultation with PHS, including which countries foreign filing shall be done prior to the Institutionelection, within eight (8) months of any United States filing. If any foreign patent applications are filed, the IC Institution shall promptly provide to the Institution PHS all serial numbers and filing dates. The IC Institution also shall provide to the Institution PITS copies of foreign patent applications and Patent Office actions. The IC Institution shall consult with the InstitutionPHS, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 4.3 The IC Institution shall promptly record assignments Assignments of domestic patent rights Patent Rights in the United States Patent and Trademark Office and shall promptly provide PHS with the Institution with a photocopy original of each recorded Assignment(s) Assignment with respect to the InstitutionPHS. 3.4 4.4 Notwithstanding any other provision of this Agreement, the IC 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 InstitutionPHS. Upon receiving the written notice, the Institution PHS may, at its sole option and expenseoption, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 4.5 The IC Institution shall promptly provide to the Institution PHS with copies of all issued patents issued which are subject to under this Agreement. 3.6 4.6 In the event that the IC 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 IC Institution shall provide the Institution PHS with all relevant information information, and these extraordinary expenditures shall be included as Expenses only upon written agreement of PHS, provided that if such extraordinary expenses are necessary to preserve or to avoid abandonment of the InstitutionPatent Rights, PHS shall not unreasonably withhold its approval of such extraordinary expenses. The IC Institution and the Institution PHS shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 The IC NIH shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution shall be granted Power of Attorney for all such patent applications. The IC NIH shall consult with the Institution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 . The IC NIH shall make an election with respect to foreign filing, upon consultation with the Institution. If any foreign patent applications are filed, the IC NIH shall promptly provide to the Institution all serial numbers and filing dates. The IC NIH also shall provide to the Institution copies of foreign patent applications and Patent Office actions. The IC NIH shall consult with the Institution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 . The IC NIH shall promptly record assignments Assignments of domestic patent rights in the United States Patent and Trademark Office and shall promptly provide the Institution with a photocopy of each recorded Assignment(s) to the Institution. 3.4 . Notwithstanding any other provision of this Agreement, the IC 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 Institution. Upon receiving the written notice, the Institution may, at its sole option and expense, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 . The IC NIH shall promptly provide to the Institution with copies of all issued patents issued which are subject to under this Agreement. 3.6 . In the event that the IC 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 IC NIH shall provide the Institution with all relevant information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the Institution. The IC NIH and the Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 4.1 The IC Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution NIH all serial numbers and filing dates, together with copies of all the 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 shall be granted and the NIH. This Power of Attorney for shall be filed with every Patent Office involved in prosecuting all such patent applicationsapplications pertaining to Patent Rights. The IC Institution shall consult with the InstitutionNIH, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 4.2 The IC Institution shall make an election with respect to foreign filing, upon consultation with the InstitutionNIH, 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 IC Institution shall promptly provide to the Institution NIH all serial numbers and filing dates. The IC Institution also shall provide to the Institution NIH copies of foreign patent applications and Patent Office actions. The IC Institution shall consult with the InstitutionNIH, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 4.3 The IC Institution shall promptly record assignments Assignments of domestic patent rights Patent Rights in the United States Patent and Trademark Office and shall promptly provide the Institution NIH with a photocopy the original of each recorded Assignment(s) Assignment with respect to the InstitutionNIH. 3.4 4.4 Notwithstanding any other provision of this Agreement, the IC 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 InstitutionNIH. Upon receiving the written notice, the Institution NIH may, at its sole option and expenseoption, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 4.5 The IC Institution shall promptly provide to the Institution NIH with copies of all issued patents issued which are subject to under this Agreement. 3.6 4.6 In the event that the IC 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 IC Institution shall provide the Institution NIH with all relevant information information, and these extraordinary expenditures shall be included as Expenses only upon written agreement of the InstitutionNIH. The IC Institution and the Institution NIH shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 The IC shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution shall be granted Power of Attorney for all such patent applications. The IC shall consult with the Institution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 . The IC shall make an election with respect to foreign filing, upon consultation with the Institution. If any foreign patent applications are filed, the IC shall promptly provide to the Institution all serial numbers and filing dates. The IC also shall provide to the Institution copies of foreign patent applications and Patent Office actions. The IC shall consult with the Institution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 . The IC shall promptly record assignments Assignments of domestic patent rights in the United States Patent and Trademark Office and shall promptly provide the Institution with a photocopy of each recorded Assignment(s) to the Institution. 3.4 . Notwithstanding any other provision of this Agreement, the 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 Institution. Upon receiving the written notice, the Institution may, at its sole option and expense, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 . The IC shall promptly provide to the Institution with copies of all issued patents issued which are subject to under this Agreement. 3.6 . In the event that the 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 IC shall provide the Institution with all relevant information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the Institution. The IC and the Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 The IC Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution NIH all serial numbers and filing dates, together with copies of all the 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 shall be granted and the NIH. This Power of Attorney for shall be filed with every Patent Office involved in prosecuting all such patent applicationsapplications pertaining to Patent Rights. The IC Institution shall consult with the InstitutionNIH, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 . The IC Institution shall make an election with respect to foreign filing, upon consultation with the InstitutionNIH, 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 IC Institution shall promptly provide to the Institution NIH all serial numbers and filing dates. The IC Institution also shall provide to the Institution NIH copies of foreign patent applications and Patent Office actions. The IC Institution shall consult with the InstitutionNIH, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 . The IC Institution shall promptly record assignments Assignments of domestic patent rights Patent Rights in the United States Patent and Trademark Office and shall promptly provide the Institution NIH with a photocopy the original of each recorded Assignment(s) Assignment with respect to the Institution. 3.4 NIH. Notwithstanding any other provision of this Agreement, the IC 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 InstitutionNIH. Upon receiving the written notice, the Institution NIH may, at its sole option and expenseoption, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 . The IC Institution shall promptly provide to the Institution NIH with copies of all issued patents issued which are subject to under this Agreement. 3.6 . In the event that the IC 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 IC Institution shall provide the Institution NIH with all relevant information information, and these extraordinary expenditures shall be included as Expenses only upon written agreement of the InstitutionNIH. The IC Institution and the Institution NIH shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 The IC NIH shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution shall be granted Power of Attorney for all such patent applications. The IC NIH shall consult with the Institution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 . The IC NIH shall make an election with respect to foreign filing, upon consultation with the Institution. If any foreign patent applications are filed, the IC NIH shall promptly provide to the Institution all serial numbers and filing dates. The IC NIH also shall provide to the Institution copies of foreign patent applications and Patent Office actions. The IC NIH shall consult with the Institution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 . The IC NIH shall promptly record assignments of domestic patent rights in the United States Patent and Trademark Office and shall promptly provide the Institution with a photocopy of each recorded Assignment(s) to the Institution. 3.4 . Notwithstanding any other provision of this Agreement, the IC 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 Institution. Upon receiving the written notice, the Institution may, at its sole option and expense, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 . The IC NIH shall promptly provide to the Institution copies of all patents issued which are subject to this Agreement. 3.6 . In the event that the IC 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 IC NIH shall provide the Institution with all relevant information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the Institution. The IC NIH and the Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 4.1 The IC Institution or its licensee or sublicensee shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly within a reasonable time provide to the Institution PHS all serial numbers and filing dates, together with copies of all the 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 shall be granted and PHS. This Power of Attorney for shall be filed with every Patent Office involved in prosecuting all such patent applicationsapplications pertaining to Patent Rights. The IC Institution shall consult with the InstitutionPHS, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 4.2 The IC Institution or its licensee or sublicensee shall make an election with respect to foreign filing, upon consultation with PHS, including which countries foreign filing shall be done prior to the Institutionelection, within eight (8) months of any United States filing. If any foreign patent applications are filed, the IC Institution or its licensee or sublicensee shall promptly provide to the Institution PHS within a reasonable time all serial numbers and filing dates. The IC Institution or its licensee or sublicensee also shall provide to the Institution PHS copies of foreign patent applications and Patent Office actions. The IC Institution shall consult with the InstitutionPHS, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 4.3 The IC Institution or its licensee or sublicensee shall promptly within a reasonable time record assignments Assignments of domestic patent rights Patent Rights in the United States Patent and Trademark Office and shall promptly provide PHS with the Institution with a photocopy original of each recorded Assignment(s) Assignment with respect to the InstitutionPHS. 3.4 4.4 Notwithstanding any other provision of this Agreement, the IC Institution or its licensee or sublicensee 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 InstitutionPHS. Upon receiving the written notice, the Institution PHS may, at its sole option and expenseoption, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 4.5 The IC Institution or its licensee or sublicensee shall promptly provide to the Institution PHS with copies of all issued patents issued which are subject to under this Agreement. 3.6 4.6 In the event that the IC Institution anticipates the possibility of incurring any Expenses that are 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 IC shall Institution shall: (a) provide the Institution PHS with all relevant information and these extraordinary expenditures information; (b) shall be included as Expenses only upon written agreement of the Institution. The IC and the Institution shall agree consult with PHS on a mutually acceptable course of action prior to incurring these such extraordinary expenditures; and (c) shall include such extraordinary expenditures as Expenses only upon written agreement of PHS. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 4.1 The IC Institution shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution NIH all serial numbers and filing dates, together with copies of all the 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 shall be granted and the NIH. This Power of Attorney for shall be filed with every Patent Office involved in prosecuting all such patent applicationsapplications pertaining to Patent Rights. The IC Institution shall consult with the InstitutionNIH, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 4.2 The IC Institution shall make an election with respect to foreign filing, upon consultation with the InstitutionNIH, 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 IC Institution shall promptly provide to the Institution NIH all serial numbers and filing dates. The IC Institution also shall provide to the Institution NIH copies of foreign patent applications and Patent Office actions. The IC Institution shall consult with the InstitutionNIH, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 4.3 The IC Institution shall promptly record assignments Assignments of domestic patent rights Patent Rights in the United States Patent and Trademark Office and shall promptly provide the Institution NIH with a photocopy the original of each recorded Assignment(s) Assignment with respect to the InstitutionNIH. 3.4 4.4 Notwithstanding any other provision of this Agreement, the IC 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 InstitutionNIH. Upon receiving the written notice, the Institution NIH may, at its sole option and expenseoption, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 4.5 The IC Institution shall promptly provide to the Institution NIH with copies of all issued patents issued which are subject to under this Agreement. 3.6 4.6 In the event that the IC 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 IC Institution shall provide the Institution NIH with all relevant information information, and these extraordinary expenditures shall be included as Expenses only upon written agreement of the InstitutionNIH, provided that if such extraordinary expenses arc necessary to preserve or to avoid abandonment of the Patent Rights, the NIH shall not unreasonably withhold its approval of such extraordinary expenses. The IC Institution and the Institution NIH shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 The IC NIH shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution shall be granted Power of Attorney for all such patent applications. The IC NIH shall consult with the Institution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 The IC NIH shall make an election with respect to foreign filing, upon consultation with the Institution. If any foreign patent applications are filed, the IC NIH shall promptly provide to the Institution all serial numbers and filing dates. The IC NIH also shall provide to the Institution copies of foreign patent applications and Patent Office actions. The IC NIH shall consult with the Institution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 The IC NIH shall promptly record assignments of domestic patent rights in the United States Patent and Trademark Office and shall promptly provide the Institution with a photocopy of each recorded Assignment(s) to the Institution. 3.4 Notwithstanding any other provision of this Agreement, the IC 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 Institution. Upon receiving the written notice, the Institution may, at its sole option and expense, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 The IC NIH shall promptly provide to the Institution copies of all patents issued which are subject to this Agreement. 3.6 In the event that the IC 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 IC NIH shall provide the Institution with all relevant information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the Institution. The IC NIH and the Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC NIH or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC NIH or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC NIH may give written notice of default to the Institution pursuant to Paragraph 6.

PATENT PROSECUTION AND PROTECTION. 3.1 4.1 The IC NIH shall file, prosecute, and maintain patent application(s) relating to the Patent Rights and shall promptly provide to the Institution all serial numbers and filing dates, together with copies of all the applications, including copies of all Patent Office actions, responses, and all other Patent Office communications. In addition, the Institution shall be granted Power of Attorney for all such patent applications. The IC NIH shall consult with the Institution, when so requested, prior to communicating with any Patent Office with respect to the Patent Rights. 3.2 4.2 The IC NIH shall make an election with respect to foreign filing, upon consultation with the Institution. If any foreign patent applications are filed, the IC NIH shall promptly provide to the Institution all serial numbers and filing dates. The IC NIH also shall provide to the Institution copies of foreign patent applications and Patent Office actions. The IC NIH shall consult with the Institution, when so requested, prior to communication with any Patent Office with respect to the Patent Rights. 3.3 4.3 The IC NIH shall promptly record assignments Assignments of domestic patent rights in the United States Patent and Trademark Office and shall promptly provide the Institution with a photocopy of each recorded Assignment(s) to the Institution. 3.4 4.4 Notwithstanding any other provision of this Agreement, the IC 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 Institution. Upon receiving the written notice, the Institution may, at its sole option and expense, take over the prosecution of any patent application, or the maintenance of any patent. 3.5 4.5 The IC NIH shall promptly provide to the Institution with copies of all issued patents issued which are subject to under this Agreement. 3.6 4.6 In the event that the IC 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 IC NIH shall provide the Institution with all relevant information and these extraordinary expenditures shall be included as Expenses only upon written agreement of the Institution. The IC NIH and the Institution shall agree on a mutually acceptable course of action prior to incurring these expenditures. 3.7 The IC or its contractors shall submit statements of itemized expenses to the Institution, and if the Institution should fail to reimburse the IC or its contractors for percent (X%) of Expenses within one hundred and eighty (180) days of receipt, the IC may give written notice of default to the Institution pursuant to Paragraph 6.