Common use of Right to Consult Clause in Contracts

Right to Consult. During the Term, each Party shall copy the other Party, or have the other Party copied, on all substantive documents for its Sole Patent Rights and the Joint Patent Rights for which it controls prosecution as set forth in Section 10.2.2, which are received from or to be filed in any patent office in the Territories, promptly following receipt from the patent office and within a reasonable time prior to filing with the patent office, as applicable, including copies of each patent application, office action, correspondence with patent officials, response to office action, declarations, information disclosure statements, requests for terminal disclaimer, requests for patent term extension and request for reexamination. Consistent with the foregoing, each Party shall have the right to comment on the prosecution of the other Party’s Sole Patent Rights and Joint Patent Rights for which it controls prosecution as set forth in Section 10.2.2 and provide such comments to such other Party’s patent counsel, and such other Party shall consider all such comments in good faith. If a Party fails to provide its comments with respect to the prosecution by the other Party of such patent application or patent reasonably in advance of the deadline for filing or otherwise responding to the relevant matter in the relevant patent office, such other Party shall be free to act without consideration of such Party’s comments.

Right to Consult. During the Term, each Party shall copy the other Party, or have the other Party copied, on all substantive documents for its Sole Patent Rights and the Joint Patent Rights for which it controls prosecution as set forth in Section 10.2.2, which are received from or to be filed in any patent office in the Territories, promptly following receipt from the patent office and within a reasonable time prior to filing with the patent office, as applicable, including copies of each patent application, office action, correspondence with patent officials, response to office action, declarations, information disclosure statements, requests for terminal disclaimer, requests for patent term extension and request for reexamination. Consistent with the foregoing, each Party shall have the right to comment on the prosecution of the other Party’s Sole Patent Rights and Joint Patent Rights for which it controls prosecution as set forth in Section 10.2.2 and provide such comments to such other Party’s patent counsel, and such other Party shall consider all such comments in good faith. If a Party fails to provide its comments with respect to the prosecution by the other Party of such patent application or patent reasonably in advance of the deadline for filing or otherwise responding to the relevant matter in the relevant patent office, such other Party shall be free to act without consideration of such Party’s comments. * Confidential Treatment Requested.

Right to Consult. During the Term, each Party shall copy the other Party, or have the other Party copied, on all substantive documents for its Sole Patent Rights and to the Joint Patent Rights for which it controls prosecution as set forth in Section 10.2.2, which are extent directly relating to the Product or the Manufacture of the Product received from or to be filed in any patent office in the Territoriesoffice, promptly following receipt from the patent office and within a reasonable time prior to filing with the patent office, as applicablerespectively, including copies of each patent application, office official action, correspondence with patent officials, response to office official action, declarationsdeclaration, information disclosure statementsstatement, requests request for terminal disclaimer, requests request for patent term extension and request for reexamination. Consistent with the foregoing, each Party shall have the right to comment on the prosecution of the other Party’s Sole such Patent Rights and Joint to the extent such Patent Rights for which it controls prosecution as set forth in Section 10.2.2 are directly related to the Product or the Manufacture of Product and provide such comments to such other Party’s 's patent counsel, and such other Party shall require its patent counsel to consider all such comments in good faith. If a Party fails to provide its comments with respect to the prosecution by the other Party of such patent application or patent reasonably in advance of Patent Rights within at least two (2) Business Days prior to the deadline for filing or otherwise responding to the relevant matter correspondence in the relevant patent office, having been given a reasonable amount of time to do so, such other Party shall be free to act without consideration of such Party’s 's comments.