Prosecution of Dimension Patents. As between Dimension and Bayer, the Parties agree as follows: 10.3.1 Dimension shall have the sole right to Prosecute patent applications and issued patents within Dimension Patents in Dimension’s sole discretion and at its own expense. Dimension shall provide Bayer with a reasonable opportunity to review and provide comments in connection with the Prosecution of the Dimension Patents; and Dimension shall keep Bayer reasonably informed as to all material developments with respect to such Dimension Patents and shall supply to Bayer copies of material communications received and filed in connection with the Prosecution of such Dimension Patents. 10.3.2 Dimension agrees to Prosecute any patent applications or issued patents within the Dimension Patents in good faith. If Dimension decides not to file, to abandon or not to maintain any of such Dimension Patents, in each case where a claim may cover a Licensed GT Product or GT Product, then Dimension shall provide Bayer with […***…] prior written notice of such decision (or such other longer period of time reasonably necessary to allow Bayer to assume such responsibilities, at the sole discretion of Dimension). In such event, Bayer shall have the right, at its option, to the extent Dimension is permitted by obligations owed to Third Parties, to have assigned to it the said Dimension Patents. If assignment is not possible, Bayer shall have a non-exclusive, perpetual, irrevocable, royalty-free license with respect to those Dimension Patents. In either case (assignment or non-exclusive license) the Patent Rights will cease to be Dimension Patents.
Appears in 4 contracts
Samples: Collaboration and License Agreement (Ultragenyx Pharmaceutical Inc.), Collaboration and License Agreement (Dimension Therapeutics, Inc.), Collaboration and License Agreement (Dimension Therapeutics, Inc.)
Prosecution of Dimension Patents. As between Dimension and Bayer, the Parties agree as follows:
10.3.1 Dimension shall have the sole right to Prosecute patent applications and issued patents within Dimension Patents in Dimension’s sole discretion and at its own expense. Dimension shall provide Bayer with a reasonable opportunity to review and provide comments in connection with the Prosecution of the Dimension Patents; and Dimension shall keep Bayer reasonably informed as to all material developments with respect to such Dimension Patents and shall supply to Bayer copies of material communications received and filed in connection with the Prosecution of such Dimension Patents.
10.3.2 Dimension agrees to Prosecute any patent applications or issued patents within the Dimension Patents in good faith. If Dimension decides not to file, to abandon or not to maintain any of such Dimension Patents, in each case where a claim may cover a Licensed GT Product or GT Product, then Dimension shall provide Bayer with […***…] prior written notice of such decision (or such other longer period of time reasonably necessary to allow Bayer to assume such responsibilities, at the sole discretion of Dimension). In such event, Bayer shall have the right, at its option, to the extent Dimension is permitted by obligations owed to Third Parties, to have assigned to it the said Dimension Patents. If assignment is not possible, Bayer shall have a non-exclusive, perpetual, irrevocable, royalty-free license with respect to those Dimension Patents. In either case (assignment or non-exclusive license) the Patent Rights will cease to be Dimension Patents.
Appears in 1 contract
Samples: Collaboration and License Agreement (Ultragenyx Pharmaceutical Inc.)
