Common use of Prosecution by Licensee Clause in Contracts

Prosecution by Licensee. If Caltech declines to file, prosecute or maintain Exclusively Licensed Patent Rights, then Licensee may elect to assume responsibility for such filing, prosecution or maintenance at its expense in the name of both Caltech and Licensee. Caltech agrees to fully cooperate with Licensee in filing, prosecuting, and maintaining any such patent applications and patents, and Caltech agrees to execute any documents as shall be necessary for such purpose, and not to impair in any way the patentability of any of the foregoing.

Prosecution by Licensee. If Caltech declines to file, prosecute or maintain maintain. Exclusively Licensed Patent Rights or Improvement Patent Rights, then Licensee may elect to assume responsibility for such filing, prosecution or maintenance at its expense in the name of both Caltech and LicenseeCaltech’s name. Caltech agrees to fully cooperate with Licensee in filing, prosecuting, and maintaining any such patent applications and patents, and Caltech agrees to execute any documents as shall be necessary for such purpose, and not to impair in any way the patentability of any of the foregoing.

Prosecution by Licensee. If Caltech declines to prepare, file, prosecute or maintain patent applications or patents within the Exclusively Licensed Patent Rights or Improvement Patent Rights, then Licensee may elect to assume responsibility for such preparation, filing, prosecution or maintenance at its expense in the name of both Caltech and LicenseeCaltech’s name. Caltech agrees to fully cooperate with Licensee in preparing, filing, prosecuting, and maintaining any such patent applications and patents, and Caltech agrees to execute any documents as shall be necessary for such purpose, and not to impair in any way the patentability of any of the foregoing.

Prosecution by Licensee. If Caltech declines to file, prosecute or maintain Exclusively Licensed Patent Rightsany patent application or patent referred to in Section 4.1, then Licensee may elect to assume responsibility for such filing, prosecution or maintenance at its expense in the name of both Caltech and LicenseeCaltech's name. Caltech agrees to fully cooperate with Licensee in filing, prosecuting, and maintaining any such patent applications and patents, and Caltech agrees to execute any documents as shall be necessary for such purpose, and not to impair in any way the patentability of any of the foregoing.

Prosecution by Licensee. If Caltech declines to prepare, file, prosecute or maintain patent applications or patents within the Exclusively Licensed Patent Rights or Improvement Patent Rights, then Licensee may elect to assume responsibility for such preparation, filing, prosecution or maintenance at its expense in the name of both Caltech and LicenseeCaltech's name. Caltech agrees to fully cooperate with Licensee in preparing, filing, prosecuting, and maintaining any such patent applications and patents, and Caltech agrees to execute any documents as shall be necessary for such purpose, and not to impair in any way the patentability of any of the foregoing.