PROSECUTION AND MAINTENANCE OF SUPPLEMENTAL PATENT RIGHTS Clause Samples

PROSECUTION AND MAINTENANCE OF SUPPLEMENTAL PATENT RIGHTS. So long as Licensee fulfills its obligations under this Agreement, Licensee may prepare, file, prosecute, and maintain such United States patent applications and United States patents directed to the Supplemental Patent Rights as Licensee in its discretion sees fit, at Licensee's expense. The scope of the claims sought in any such patent application may not exceed that defined in Article I, Paragraph (B) without LSU's prior written consent, the granting or withholding of such consent to be within LSU's sole discretion. Licensee understands that under 35 U.S.C. Section 154(a)(2) any patent issuing on the Supplemental Patent Rights is expected to expire no later than July 25, 2006 or November 2, 2007 (except to the extent that some statutory extension of term might apply). At the addresses provided in Subparagraph (A)(2) above, Licensee shall promptly provide both to LSU and to LSU's patent counsel copies of all communications to or from the United States Patent and Trademark Office concerning the Supplemental Patent Rights. On Licensee's request, LSU shall provide reasonable assistance to Licensee's efforts in filing or prosecuting applications directed to the Supplemental Patent Rights, at no out-of-pocket expense to LSU. Licensee may abandon any patent application or patent within the Supplemental Patent Rights if, in Licensee's judgment, it is prudent to do so, upon giving LSU written notice of Licensee's intention to abandon at least two months prior to the last date on which action may be taken to prevent the abandonment. In such a case, LSU shall have the right,