Prosecution of Patents. Except as set forth below, as between the Parties, Genoptix shall have the sole right, in its discretion, to prepare, file, prosecute (including any interferences, reissue proceedings and reexaminations) and maintain all patent applications or patents within the Developed IP and shall bear all costs associated therewith. Genoptix shall keep Ambit informed of progress with regard to the preparation, filing, prosecution and maintenance of patent applications and patents within the Developed IP. If Genoptix determines in its sole discretion to abandon, cease prosecution or not maintain any patent application or patent within the Developed IP, then Genoptix shall provide Ambit written notice of such determination at least thirty (30) days before any deadline for taking action to avoid abandonment (or other loss of rights) and shall provide Ambit with the opportunity to prepare, file, prosecute and maintain such patent application or patent. Each Party shall provide the other Party all reasonable assistance and cooperation in the patent prosecution efforts provided above in this Section 7.3, including providing any necessary powers of attorney and executing any other required documents or instruments for such prosecution.
Appears in 5 contracts
Samples: Collaboration Agreement, Collaboration Agreement (Ambit Biosciences Corp), Collaboration Agreement (Ambit Biosciences Corp)
