Review and Consult. Xxxxxxx will have the right to consult with Morphic regarding the content of the patent applications included in the Morphic Prosecuted Patents in advance of filing thereof with any patent authority, prior art searches and correspondence and to comment thereon to Morphic, or at Morphic’s request, to Morphic’s designated outside counsel, and Morphic will provide Xxxxxxx with all material correspondence received from any patent authority in connection therewith. In addition, Morphic will provide Xxxxxxx with drafts of proposed CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED. material filings and correspondence to any patent authority in connection with the Prosecution and Maintenance of any Morphic Prosecuted Patent for Xxxxxxx’x review and comment prior to the submission of such proposed filings and correspondence. Morphic will consider in good faith all such comments offered by Xxxxxxx and will incorporate such comments where appropriate.
Review and Consult. Ionis will consult with Otsuka and keep Otsuka reasonably informed regarding the Patent Prosecution of the Ionis Product-Specific Patents in the Otsuka Territory and the Patent Prosecution of the Joint Collaboration Patent Rights worldwide and will provide Otsuka with all substantive correspondence received from any patent authority in connection therewith no later than [***] after receipt thereof. In addition, Xxxxx will provide Otsuka with drafts of proposed substantive filings in the Otsuka Territory and correspondence to any patent authority in the Otsuka Territory in connection with the Patent Prosecution of the Ionis Product-Specific Patents and with drafts of proposed substantive filings in the Territory and correspondence to any patent authority in the Territory in connection with the Patent Prosecution of Joint Collaboration Patent Rights, in each case for Otsuka’s review and comment at least [***] prior to the submission of such proposed filings and correspondence, which comments (if any) Otsuka must provide no later than [***] after receipt of the applicable filing or correspondence. Xxxxx will consider in good xxxxx Xxxxxx’x reasonable comments on the Patent Prosecution of the Ionis Product-Specific Patents in the Otsuka Territory and the Joint Collaboration Patent Rights in the Territory, but Xxxxx will have final decision-making authority regarding Patent Prosecution of such Patent Rights under this Section 10.2.1(b) (Review and Consult).
Review and Consult. Otsuka will consult with Xxxxx and keep Ionis reasonably informed regarding the Patent Prosecution of the Otsuka Patent Rights and will provide Ionis with all substantive correspondence received from any patent authority in connection therewith no later than [***] after receipt thereof. In addition, Otsuka will provide Ionis with drafts of all proposed substantive filings and correspondence to any patent authority in connection with the Patent Prosecution of the Otsuka Patent Rights for Xxxxx’ review and comment at least [***] prior to the submission of such proposed filings and correspondence, which comments (if any) Ionis must provide no later than [***] after receipt of the applicable filing or correspondence. Otsuka will consider in good xxxxx Xxxxx’ reasonable comments on the Patent Prosecution of the Otsuka Patent Rights, but will have final decision-making authority regarding Patent Prosecution of such Patent Rights under this Section 10.2.1(b) (Review and Consult).
Review and Consult. Kiniksa will consult with Partner and keep Partner reasonably informed regarding the Patent Prosecution of the Kiniksa Patent Rights in the Territory and will provide Partner with substantive correspondence received from any patent authority in the Territory in connection therewith no later than [***] days after Kiniksa’s receipt thereof. In addition, Kiniksa will provide Partner with drafts (in English) of proposed substantive filings in the Territory and correspondence to any patent authority in the Territory in connection with the Patent Prosecution of the Kiniksa Patent Rights in the Territory for Partner’s review and comment prior to the submission of such proposed filings and correspondence, which comments (if any) Partner must provide no later than [***] Business Days after receipt of the applicable filing or correspondence. Further, Kiniksa will notify Partner of any decision to cease Patent Prosecution of any Kiniksa Patent Rights in the Territory. Kiniksa will consider Partner’s reasonable comments on Patent Prosecution, but will have final decision-making authority under this Section 14.3.1(b) (Review and Consult). The Parties, through their respective IP counsels, will discuss the strategy for the portfolio of Patent Rights Covering the Licensed Product in the Territory.
Review and Consult. Partner will consult with Kiniksa and keep Kiniksa reasonably informed regarding the Patent Prosecution of the Partner Collaboration Patent Rights and will provide Kiniksa with all substantive correspondence received from any patent authority in connection therewith. In addition, Partner will provide Kiniksa with drafts of all proposed substantive filings and correspondence to any patent authority in connection with the Patent Prosecution of the Partner Collaboration Patent Rights for Kiniksa’s review and comment at least [***] days prior to the submission of such proposed filings and correspondence, which comments (if any) Kiniksa must provide no later than [***] Business Days after receipt of the applicable filing or correspondence. Further, Partner will notify Kiniksa of any decision to cease Patent Prosecution of any Partner Collaboration Patent Rights. Partner will consider Kiniksa’s reasonable comments on Patent Prosecution and will incorporate such comments where appropriate.
Review and Consult. The Prosecuting Party will consult with the other Party and keep the other Party reasonably informed of the Patent Prosecution of the Joint Collaboration Patent Rights in its respective territory and will provide the other Party with all material correspondence received from any patent authority in such territory in connection therewith. In addition, the Prosecuting Party will provide the other Party with drafts of all proposed material filings and correspondence to any patent authority in its respective territory in connection with the Patent Prosecution of the Joint Collaboration Patent Rights for the other Party’s review and comment prior to the submission of such proposed filings and correspondence. Further, the Prosecuting Party will notify the other Party of any decision to cease Patent Prosecution of any of the Joint Collaboration Patent Rights in its respective territory. The Prosecuting Party will consider the other Party’s comments on Patent Prosecution but will have final decision-making authority under this Section 14.3.3(b) (Review and Consult).
Review and Consult. Sanofi will consult with Fxxxxxx and keep Fulcrum reasonably informed regarding the Patent Prosecution of the Sanofi Prosecuted Patent Rights and will provide Fulcrum with all material, substantive correspondence received from the European Patent Office (“EPO”) in connection therewith no later than [***] after receipt thereof. In addition, Sanofi will provide Fulcrum with drafts of all proposed substantive filings and correspondence to the EPO in connection with the Patent Prosecution of the Sanofi Prosecuted Patent Rights for Fulcrum’s review and comment at least [***] prior to the submission of such proposed filings and correspondence, which comments (if any) Fulcrum must provide no later than [***] after receipt of the applicable filing or correspondence. Sanofi will consider in good faith Fulcrum’s reasonable comments on the Patent Prosecution of the Sanofi Prosecuted Patent Rights, but Sanofi will have final decision-making authority regarding Patent Prosecution of such Patent Rights under this Section 10.2.2(b) (Review and Consult). Fulcrum will be responsible for [***] of the costs and expenses incurred with respect to its review and consultation under this Section 10.2.2(b) (Review and Consult).
Review and Consult. Licensor will use Commercially Reasonable Efforts to consult with Licensee and keep Licensee informed regarding the Patent Prosecution of the Licensor Patent Rights in Japan and will provide Licensee with all substantive correspondence
Review and Consult. Licensee will use Commercially Reasonable Efforts to consult with Licensor and keep Licensor informed regarding the Patent Prosecution of the Licensee Collaboration Patent Rights and will provide Licensor with all substantive correspondence received from any patent authority in connection therewith. In addition, Licensee will provide Licensor with drafts of all proposed substantive filings and correspondence to any patent authority in connection with the Patent Prosecution of the Licensee Collaboration Patent Rights for Licensor’s review and comment at least [***] days prior to the submission of such proposed filings and correspondence, which comments (if any) Licensor must provide no later than [***] Business Days after receipt of the applicable filing or correspondence. Further, Licensee will notify Licensor of any decision to cease Patent Prosecution of any Licensee Collaboration Patent Rights. Licensee will consider in good faith Licensor’s reasonable comments on Patent Prosecution and will incorporate such comments where appropriate. 14.5
Review and Consult. BioCryst will consult with Torii and keep Torii reasonably informed of the Patent Prosecution of the BioCryst Patent Rights in the Territory and will provide Torii with material correspondence received from any patent authority in the Territory in connection therewith. In addition, BioCryst will provide Torii with drafts of proposed material filings in the Field in the Territory and correspondence to any patent authority in the Territory in connection with the Patent Prosecution of the BioCryst Patent Rights in the Field in the Territory for Torii’s review and comment prior to the submission of such proposed filings and correspondence. BioCryst will consider Torii’s comments on Patent Prosecution in good faith and will incorporate such comments where appropriate and BioCryst will take into consideration Torii’s commercial strategy in the Field in the Territory relating to the Licensed Product, but will have final decision-making authority under this Section 12.6.1(b) (Review and Consult).
