Common use of Prosecution, Maintenance and Defence Clause in Contracts

Prosecution, Maintenance and Defence. 12.1 Subject to Clause 12.4, Ascendis shall, at its own expense and in its sole discretion, have the right to file, prosecute, maintain and defend the Ascendis Patents that are not Joint Program IP Patents (as defined in Clause 12.3(A) (including without limitation Licensed Product Patents as well as any Ascendis Patent claiming Ascendis Platform Technology that are not Joint Program IP Patents). Solely with respect to the Licensed Product Patents in the Territory that are not within the Joint Program IP, Ascendis will promptly provide the Licensee with drafts of all proposed filings and correspondence (including without limitation the initial application as well as any material correspondence with any Intellectual Property Office in the Territory related to any filings) in a manner that allows the Licensee a reasonable opportunity for review and comment (and in any event no less than [***] ([***]) days, if and when possible) before such filings are due. Ascendis will consider all of the Licensee’s reasonable suggestions, recommendations and instructions concerning the preparation, filing, prosecution, defence and maintenance of any such Patents (including without limitation any suggestion or recommendation [***]), provided that such reasonable suggestions, recommendations and instructions are provided to Ascendis within [***] ([***]) days of the Licensee receiving any such proposed filings and correspondence. If Ascendis does not wish to file, prosecute or maintain any such Licensed Product Patent which is not within the Joint Program IP, or if Ascendis wishes to allow any such Patent to lapse, in each case, solely within the Territory, then [***], Ascendis shall notify Licensee in writing of such decision at least [***] ([***]) days prior to any action relating to such Patent is required, and Licensee shall then have the option, at its sole discretion, to file, prosecute, and/or maintain such Patent, at its sole cost and expense.

Prosecution, Maintenance and Defence. 12.1 Subject to Clause 12.4, Ascendis shall, at its own expense shall [***] and in its sole discretion, have the right to filebe responsible for filing, prosecuteprosecuting, maintain maintaining and defend defending the Ascendis Patents that are not Joint Program IP Patents (as defined in Clause 12.3(A) (including without limitation Licensed Product Patents as well as and any Ascendis Patent claiming Ascendis Platform Technology or Ascendis Improvements. In respect of any such Patents that are not Joint Program IP Patents). Solely with respect necessary or useful to the make, have made, use, sell, offer for sale or import a Licensed Product Patents in the Territory that Product, and which are not within the Joint Program IPadded by Ascendis to Part 1 of Schedule 1, Ascendis will promptly provide the Licensee with drafts of all proposed filings and correspondence (including without [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. limitation the initial application as well as any material correspondence with any Intellectual Property Office in the Territory related to any filings) in a manner that allows the Licensee a reasonable opportunity for review and comment (and in any event no less than [***] ([***]) days, if and when possible) before such filings are made or due. Ascendis will consider all of the Licensee’s reasonable suggestions, recommendations and instructions concerning the preparation, filing, prosecution, defence and maintenance of any such Patents (including without limitation any suggestion or recommendation [***]to alter or limit the scope, content and/or claims of any such application), provided that such reasonable suggestions, recommendations and instructions are provided to Ascendis within [***] ([***]) days of the Licensee receiving any such proposed filings and correspondence. If Ascendis does not wish to file, prosecute or maintain any such Licensed Product Patent which is not within the Joint Program IP, or if Ascendis wishes to allow any such Patent to lapse, in each case, solely within the Territory, then [***], Ascendis it shall notify Licensee offer in writing of to Licensee an opportunity to acquire such decision at least [***] ([***]Patent(s) days prior with the right to any action relating use such Patent(s) as it wishes, without compensation to such Patent is required, and Licensee shall then have the option, at its sole discretion, to file, prosecute, and/or maintain such Patent, at its sole cost and expenseAscendis.

Prosecution, Maintenance and Defence. 12.1 Subject to Clause 12.4, Ascendis shall, at its own expense shall [***] and in its sole discretion, have the right to filebe responsible for filing, prosecuteprosecuting, maintain maintaining and defend defending the Ascendis Patents that are not Joint Program IP Patents (as defined in Clause 12.3(A) (including without limitation Licensed Product Patents as well as and any Ascendis Patent claiming Ascendis Platform Technology or Ascendis Improvements. In respect of any such Patents that are not Joint Program IP Patents). Solely with respect necessary or useful to the make, have made, use, sell, offer for sale or import a Licensed Product Patents in the Territory that Product, and which are not within the Joint Program IPadded by Ascendis to Part 1 of Schedule 1, Ascendis will promptly provide the Licensee with drafts of all proposed filings and correspondence (including without limitation the initial application as well as any material correspondence with any Intellectual Property Office in the Territory related to any filings) in a manner that allows the Licensee a reasonable opportunity for review and comment (and in any event no less than [***] ([***]) days, if and when possible) before such filings are made or due. Ascendis will consider all of the Licensee’s reasonable suggestions, recommendations and instructions concerning the preparation, filing, prosecution, defence and maintenance of any such Patents (including without limitation any suggestion or recommendation [***]to alter or limit the scope, content and/or claims of any such application), provided that such reasonable suggestions, recommendations and instructions are provided to Ascendis within [***] ([***]) days of the Licensee receiving any such proposed filings and correspondence. If Ascendis does not wish to file, prosecute or maintain any such Licensed Product Patent which is not within the Joint Program IP, or if Ascendis wishes to allow any such Patent to lapse, in each case, solely within the Territory, then [***], Ascendis it shall notify Licensee offer in writing of to Licensee an opportunity to acquire such decision at least Patent(s) with the right to use such Patent(s) as it wishes, without compensation to Ascendis. [***] ([***]) days prior Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to any action relating to such Patent is required, and Licensee shall then have the option, at its sole discretion, to file, prosecute, and/or maintain such Patent, at its sole cost and expenseomitted portions.