Common use of Prosecution of Joint Patent Rights Clause in Contracts

Prosecution of Joint Patent Rights. If [*] decides not to file or to abandon any Joint Patent Right, [*] shall, at its sole expense, have the option to file or continue to prosecute and maintain such Joint Patent Right [*], and [*] shall consider in good faith any comments provided by [*] with respect to such prosecution matters; provided, however, that if [*] any such Joint Patent Right [*] for [*], [*] prosecute any such Joint Patent Rights pursuant to this Section 7.3(e). Any Joint Patent Right prosecuted and maintained by [*] pursuant to this Section 7.3(e) shall [*] and shall [*] and [*], as applicable. If [*] intended position in the prosecution or maintenance of the Joint Patent Rights pursuant to this Section 7.3(e) would be reasonably expected to have a material adverse effect on the Commercialization of the Products in the Field [*] and [*] notifies [*] of its objection to such prosecution or maintenance position, the Parties shall meet and discuss such objection in good faith and use reasonable efforts to determine a mutually agreeable prosecution or maintenance strategy, provided that if the Parties fail to agree and [*] maintains its objection, [*].

Appears in 3 contracts

Samples: Development, Licensing and Marketing Agreement, License Agreement (Adamas Pharmaceuticals Inc), License Agreement (Adamas Pharmaceuticals Inc)

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Prosecution of Joint Patent Rights. If [*[ * ] decides not to file or to abandon any Joint Patent Right, [*[ * ] shall, at its sole expense, have the option to file or continue to prosecute and maintain such Joint Patent Right [*[ * ], and [*[ * ] shall consider in good faith any comments provided by [*[ * ] with respect to such prosecution matters; provided, however, that if [*[ * ] any such Joint Patent Right [*[ * ] for [*[ * ], [*[ * ] prosecute any such Joint Patent Rights pursuant to this Section 7.3(e). Any Joint Patent Right prosecuted and maintained by [*[ * ] pursuant to this Section 7.3(e) shall [*[ * ] and shall [*[ * ] and [*[ * ], as applicable. If [*[ * ] intended position in the prosecution or maintenance of the Joint Patent Rights pursuant to this Section 7.3(e) would be reasonably expected to have a material adverse effect on the Commercialization of the Products in the Field [*[ * ] and [*[ * ] notifies [*[ * ] of its objection to such prosecution or maintenance position, the Parties shall meet and discuss such objection in good faith and use reasonable efforts to determine a mutually agreeable prosecution or maintenance strategy, provided that if the Parties fail to agree and [*[ * ] maintains its objection, [*[ * ].

Appears in 1 contract

Samples: License Agreement (Adamas Pharmaceuticals Inc)

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