Common use of Phase III Development Candidate Patents Clause in Contracts

Phase III Development Candidate Patents. For each Development Candidate that BI elects to advance into Phase III Clinical Trial pursuant to this Agreement, the Parties shall cooperate to develop a mutually acceptable patent strategy designed to obtain Patent Rights, if available without compromising the prosecution, validity or enforceability of other Patent Rights claiming such Development Candidate, that specifically and solely claim such Development Candidate (including pharmaceutically acceptable salts, hydrates, solvates, optical isomers, and polymorphs thereof), pharmaceutical compositions comprising such Development Candidate, the method of manufacturing such Development Candidate, and/or methods of using such Development Candidate in the treatment of clinical indications for which regulatory approval will be sought based on such Phase III Clinical Trial (such Patent Rights being designated the “Phase III Development Candidate Patents”). For clarity, the claims of any such Phase III Development Candidate Patent shall not read on any other peptide compound. A Phase III Development Candidate Patent shall be prosecuted pursuant to Section 14.1 if the Phase III Development Candidate Patent is a Zealand Pharma Patent, and pursuant to Section 14.4 if the Phase III Development Candidate Patent is a Collaboration Patent. BI shall have the right, during the Term and after achievement and payment of the Phase III Clinical Trial Development/Regulatory Milestone for a Development Candidate, to request the transfer and assignment of Zealand Pharma’s rights in and to any Phase III Development Candidate Patent for such Development Candidate (the “Selected Zealand Pharma Patents”). Upon BI’s request and at BI’s expense, Zealand Pharma shall promptly transfer and assign to BI all right, title and interest in and to such Selected Zealand Pharma Patents and promptly execute and deliver all documents reasonably necessary to effect such transfer of ownership to BI. In addition, Zealand Pharma shall transfer to BI the complete prosecution files for such Selected Zealand Pharma Patents to enable BI to comply with all upcoming deadlines for responding to official actions and paying the maintenance fees for such Selected Zealand Pharma Patents. Any costs and expenses incurred by Zealand Pharma for the [***] Certain information in this document has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested separately with respect to the omitted portions. prosecution, transfer and assignment of such Selected Zealand Pharma Patents shall be borne by BI.

Phase III Development Candidate Patents. For each Development Candidate that BI elects to advance into Phase III Clinical Trial pursuant to this Agreement, the Parties shall cooperate to develop a mutually acceptable patent strategy designed to obtain Patent Rights, if available without compromising the prosecution, validity or enforceability of other Patent Rights claiming such Development Candidate, that specifically and solely claim such Development Candidate (including pharmaceutically acceptable [***] Certain information in this document has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested separately with respect to the omitted portions. salts, hydrates, solvates, optical isomers, and polymorphs thereof), pharmaceutical compositions comprising such Development Candidate, the method of manufacturing such Development Candidate, and/or methods of using such Development Candidate in the treatment of clinical indications for which regulatory approval will be sought based on such Phase III Clinical Trial (such Patent Rights being designated the “Phase III Development Candidate Patents”). For clarity, the claims of any such Phase III Development Candidate Patent shall not read on any other peptide compound. A Phase III Development Candidate Patent shall be prosecuted pursuant to Section 14.1 if the Phase III Development Candidate Patent Patents is a Zealand Pharma Patent, and pursuant to Section 14.4 if the Phase III Development Candidate Patent Patents is a Collaboration Patent. BI shall have the right, during the Term of this Agreement and after achievement and payment of the Phase III Clinical Trial Development/Regulatory Development Milestone for a Development Candidate, to request the transfer and assignment of Zealand Pharma’s Pharma s rights in and to any Phase III Development Candidate Patent for such Development Candidate (the “Selected Zealand Pharma Patents”). Upon BI’s request and at BI’s expense, Zealand Pharma shall promptly transfer and assign to BI all right, title and interest in and to such Selected Zealand Pharma Patents and promptly execute and deliver all documents reasonably necessary to effect such transfer of ownership to BI. In addition, Zealand Pharma shall transfer to BI the complete prosecution files for such Selected Zealand Pharma Patents to enable BI to comply with all upcoming deadlines for responding to official actions and paying the maintenance fees for such Selected Zealand Pharma Patents. Any costs and expenses incurred by Zealand Pharma for the [***] Certain information in this document has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested separately with respect to the omitted portions. prosecution, transfer and assignment of such Selected Zealand Pharma Patents shall be borne by BI.

Phase III Development Candidate Patents. For each Development Candidate that BI elects to advance into Phase III Clinical Trial pursuant to this Agreement, the Parties shall cooperate to develop a mutually acceptable patent strategy designed to obtain Patent Rights, if available without compromising the prosecution, validity or enforceability of other Patent Rights claiming such Development Candidate, that specifically and solely claim such Development Candidate (including pharmaceutically acceptable salts, hydrates, solvates, optical isomers, and polymorphs thereof), pharmaceutical compositions comprising such Development Candidate, the method of manufacturing such Development Candidate, and/or methods of using such Development Candidate in the treatment of clinical indications for which regulatory approval will be sought based on such Phase III Clinical Trial (such Patent Rights being designated the “Phase III Development Candidate Patents”). For clarity, the claims of any such Phase III Development Candidate Patent shall not read on any other peptide compound. A Phase III Development Candidate Patent shall be prosecuted pursuant to Section 14.1 if the Phase III Development Candidate Patent Patents is a Zealand Pharma Patent, and pursuant to Section 14.4 if the Phase III Development Candidate Patent Patents is a Collaboration Patent. BI shall have the right, during the Term of this Agreement and after achievement and payment of the Phase III Clinical Trial Development/Regulatory Development Milestone for a Development Candidate, to request the transfer and assignment of Zealand Pharma’s Pharma s rights in and to any Phase III Development Candidate Patent for such Development Candidate (the “Selected Zealand Pharma Patents”). Upon BI’s request and at BI’s expense, Zealand Pharma shall promptly transfer and assign to BI all right, title and interest in and to such Selected Zealand Pharma Patents and promptly execute and deliver all documents reasonably necessary to effect such transfer of ownership to BI. In addition, Zealand Pharma shall transfer to BI the complete prosecution files for such Selected Zealand Pharma Patents to enable BI to comply with all upcoming deadlines for responding to official actions and paying the maintenance fees for such Selected Zealand Pharma Patents. Any costs and expenses incurred by Zealand Pharma for the [***] Certain information in this document has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested separately with respect to the omitted portions. prosecution, transfer and assignment of such Selected Zealand Pharma Patents shall be borne by BI.

Phase III Development Candidate Patents. For each Development Candidate that BI elects to advance into Phase III Clinical Trial pursuant to this Agreement, the Parties shall cooperate to develop a mutually acceptable patent strategy designed to obtain Patent Rights, if available without compromising the prosecution, validity or enforceability of other Patent Rights claiming such Development Candidate, that specifically and solely claim such Development Candidate (including pharmaceutically acceptable salts, hydrates, solvates, optical isomers, and polymorphs thereof), pharmaceutical compositions comprising such Development Candidate, the method of manufacturing such Development Candidate, and/or methods of using such Development Candidate in the treatment of clinical indications for which regulatory approval will be sought based on such Phase III Clinical Trial (such Patent Rights being designated the “Phase III Development Candidate Patents”). For clarity, the claims of any such Phase III Development Candidate Patent shall not read on any other peptide compound. A Phase III Development Candidate Patent shall be prosecuted pursuant to Section 14.1 if the Phase III Development Candidate Patent is a Zealand Pharma Patent, and pursuant to Section 14.4 if the Phase III Development Candidate Patent is a Collaboration Patent. BI shall have the right, during the Term and after achievement and payment of the Phase III Clinical Trial Development/Regulatory Milestone for a Development Candidate, to request the transfer and assignment of Zealand Pharma’s rights in and to any Phase III Development Candidate Patent for such Development Candidate (the “Selected Zealand Pharma Patents”). Upon BI’s request and at BI’s expense, Zealand Pharma shall promptly transfer and assign to BI all right, title and interest in and to such Selected Zealand Pharma Patents and promptly execute and deliver all documents reasonably necessary to effect [***] Certain information in this document has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested separately with respect to the omitted portions. such transfer of ownership to BI. In addition, Zealand Pharma shall transfer to BI the complete prosecution files for such Selected Zealand Pharma Patents to enable BI to comply with all upcoming deadlines for responding to official actions and paying the maintenance fees for such Selected Zealand Pharma Patents. Any costs and expenses incurred by Zealand Pharma for the [***] Certain information in this document has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested separately with respect to the omitted portions. prosecution, transfer and assignment of such Selected Zealand Pharma Patents shall be borne by BI.