Sole Collaboration Technology. Subject to the provisions of Section 9.2(b) below, each Party shall have the sole right with respect to Collaboration Technology owned by it to: (i) decide whether patent applications should be filed on such Collaboration Technology, (ii) decide when and in which countries such patent application should be filed or maintained, (iii) control the prosecution and procurement of any such patent application and patents resulting from such patent applications, including their issuance, reissuance, reexamination and their defense in any interference, revocation and/or opposition proceedings, and (iv) select any counsel or other party necessary to prepare, file, prosecute and maintain such patent applications and such patents and advise or represent it in connection with such patent applications and such patents. Each Party shall pay all costs and expenses incurred by it under this Section 9.2(a) with respect to Collaboration Technology owned by it. A Party that decides not to file any patent applications, or not to prosecute or maintain any patents, referred to in this Section 9.2(a) shall notify the other Party with sufficient time for such other Party to do the same, in which case any such patent applications or patents will be assigned to such other party without further consideration.
Appears in 5 contracts
Samples: Co Development and Co Commercialization Agreement, Co Development and Co Commercialization Agreement (Alexion Pharmaceuticals Inc), Co Development and Co Commercialization Agreement (Alexion Pharmaceuticals Inc)