Right to File, Prosecute and Maintain Sample Clauses

Right to File, Prosecute and Maintain. Subject to Licensee’s rights set forth in Section 5.4.3 below, Axsome, in consultation with Licensee, shall be responsible for filing, prosecuting and maintaining the Licensed Patent Rights throughout the Territory. The direct reasonable out-of-pocket costs incurred in such activities, including the reasonable fees of attorneys or patent agents, and filing and maintenance fees shall be borne solely by Licensee, and Licensee shall reimburse Axsome for all reasonable costs and expenses incurred by or on behalf of Axsome or its Affiliates in connection with the filing, prosecution and maintenance of the Licensed Patent Rights, provided, however, if Licensee notifies Axsome in writing that it does not wish Axsome to file, prosecute or maintain a Licensed Patent Right pursuant to this Section 5.4.1, any such costs and expenses that Axsome incurs following such notification shall not be borne by Licensee. Notwithstanding any such written notice provided by Licensee, Axsome may, in its sole discretion, continue to prosecute and maintain in effect such Licensed Patent Right at its own expense and, in such case, such Licensed Patent Right will continue as a Licensed Patent Right for purposes of Section 1.69, provided, however, that Axsome shall have the sole right and without Licensee’s consent to discontinue such prosecution or maintenance at any time.

Right to File, Prosecute and Maintain. Subject to Pfizer’s rights set forth in Section 6.3.1(b) below, OPKO shall have the first right, but not the obligation, to file, prosecute and maintain the Licensed OPKO Core Patents and the OPKO Developed IP (together, “OPKO Prosecuted IP”) throughout the world, using outside patent counsel, patent agents and an annuity service of OPKO’s choice that are reasonably acceptable to Pfizer. For avoidance of doubt, nothing herein shall be construed to give OPKO the right to use Pfizer’s Confidential Information in prosecuting OPKO Prosecuted IP or in connection with such prosecution, or prosecute Licensed hGH-Specific Patents (except as otherwise provided with respect to certain continuations, continuations-in part and divisionals pursuant to Section 6.3.2(d)), without Pfizer’s prior written consent. At least forty-five (45) calendar days prior to the applicable date for national stage filing of any international patent application filed under the Patent Cooperation Treaty that is a OPKO Prosecuted IP, OPKO shall provide Pfizer with a list of countries and regions into which OPKO intends to file such national stage applications. This list shall include at least the Major Market Countries. Pfizer may request that OPKO file such national stage applications in one or more additional countries. Except as provided in Section 6.3.1(b), OPKO shall retain the sole right and responsibility for prosecuting, maintaining and defending the OPKO Prosecuted IP filed under this Section 6.3.1. OPKO shall be responsible for *** and Pfizer shall be responsible for *** of direct out-of-pocket costs incurred in such activities; provided, however, that if Pfizer provides a written request to OPKO that OPKO file the OPKO Prosecuted IP in a jurisdiction outside the Major Market Countries, *** shall be responsible for *** of direct out-of-pocket costs (including any required translation costs) incurred in such activities.

Right to File, Prosecute and Maintain. (a) Spark Patent Rights. Subject to Pfizer’s rights set forth in Section 5.3.3(a) below, Spark shall have the first right, but not the obligation, to prepare, file, prosecute (including any oppositions, interferences, derivations, reissue proceedings, reexaminations, interparty proceedings, and post-grant proceedings) and maintain the Spark Patent Rights and any Research Program Patent Rights solely invented by Spark or its representatives throughout the world, using patent counsel, patent agents and an annuity service of Spark’s choice that are reasonably acceptable to Pfizer. Spark agrees that at Pfizer’s request it will use reasonable efforts to obtain additional patents, within any Spark Patent Rights and any Research Program Patent Rights solely invented by Spark or its representatives, containing claims reasonably requested by Pfizer for the purposes of obtaining multiple patents upon which patent extensions might be granted. It is agreed that Spark may use internal patent counsel, filing clerks, and paralegals employed by Spark for such activities, including for coordinating worldwide filings of such Spark Patent Rights and Research Program Patent Rights solely invented by Spark or its representatives for prosecution before the European Patent Office, and for directly instructing U.S. outside counsel and ex-U.S. patent agents, including by providing draft applications and responses. It is also agreed that Spark may employ its preferred patent agents to conduct such activities as required for U.S. and ex-U.S. prosecution. Spark shall pay [**] percent ([**]%) of all fees and costs of outside counsel/patent agents/annuity service engaged pursuant to this Section 5.3.1(a) (including patent office fees and other Third Party fees and costs) in preparing, filing, prosecuting and maintaining such Spark Patent Rights and Research Program Patent Rights solely invented by Spark or its representatives in the countries and regions listed in Schedule 5.3.1(a), provided that Spark shall not be responsible for (x) any fees or costs related to any independent correspondence with or instructions by Pfizer (or any Pfizer Representative) or (y) any patent office fees, and associated counsel/agent fees and costs, for extensions, which are not incurred at the request of, and not due to the actions of, Spark. Spark shall notify Pfizer at least [**] days prior to the deadline for filing a convention patent application and/or entering into the national phase with respect to...