Common use of Pursuit and Maintenance of Patent Rights Clause in Contracts

Pursuit and Maintenance of Patent Rights. Licensor shall, at its own expense, file, prosecute and maintain Patent Rights. Licensor agrees to keep Licensee informed as to the status of the Patent Rights and shall provide Licensee with copies of all filings and correspondence of a substantive nature with respect to patents or patent applications relating to the Patent Rights to be made or sent to the United States Patent and Trademark Office or its counterpart in any country of the Territory and copies of all correspondence of a substantive nature that Licensor receives from such Persons with respect to the Patent Rights. In the event that Licensor chooses not to prosecute a patent in the Territory in the case of certain Intellectual Property or chooses not to prosecute a patent in a certain country in the Territory that is based upon the same patentable subject matter upon which Patent Rights are based, then Licensee shall be entitled to prosecute such patent and Licensor shall reasonably cooperate with Licensee in such prosecution; provided however that the prosecution by Licensee of any patent pursuant to this Section shall not create any ownership interest in such Intellectual Property or in such patentable subject matter by Licensee that Licensee would not otherwise have hereunder.