Prosecution of the Patents Sample Clauses

Prosecution of the Patents. 9.1 Subject to Clause 9.3, CytRx will control in its sole discretion the prosecution of any Patent Rights included within the Licensed Patents. Such control shall include, but not be limited to, deciding which patent attorney shall have the conduct of the prosecution, what claims to prosecute and the terms of such claims, the conduct of any defence to an opposition (if any) and whether to appeal any decision.

Prosecution of the Patents. Licensor shall be solely responsible for prosecuting and maintaining the Patents in all domestic and foreign jurisdictions selected by Licensor, if any. Notwithstanding the above, Licensor further agrees to provide Licensee with copies of all communications with the Patent Office related to the Patents within twenty (20) days of receipt from, or transmission to, the Patent Office. Licensor further agrees that, if Licensee wishes to include, within one or more Patents, claims specifically directed to Technology Outside the Field and/or pursue Patent claim coverage in any foreign country for Technology Outside the Field, Licensee may submit a written request for such claims to Licensor. Within forty five (45) days, Licensor shall respond to Licensee’s written request by either a) approving such request, subject to reasonable revisions and Licensee’s payment to Licensor for the legal costs of pursuing such claim coverage, or b) denying such request based upon its reasonable and good faith belief that the pursuit of the requested claims would be detrimental to obtaining patent claims covering technologies within the Field.

Prosecution of the Patents. 4.00 Company will have the sole right to file, prosecute, and maintain all Patents covering the inventions that are the property of Company and will have the right to determine whether or not, and where, to file a patent application, to abandon the prosecution of any patent or patent application, or to discontinue the maintenance of any patent or patent application. Notwithstanding the foregoing, if Company elects to abandon any patent application, to not pay maintenance fees or annuities to keep a patent in force, or to otherwise take or fail to take any action that will result in a loss of patent rights, Company shall give Investor at least sixty (60) days prior written notice and an opportunity to take over the prosecution of the patent application that would be abandoned and/or pay the fees necessary to keep the patent in force and/or take any other action necessary to avoid the loss of patent rights. In the event that Investor takes over the prosecution of a patent application or maintenance of a patent under this