Spark Patent Rights Sample Clauses

Spark Patent Rights. Spark shall keep Pfizer advised on the status of the prosecution and maintenance of all Spark Patent Rights and Research Program Patent Rights solely invented by Spark or its representatives annually and at other times as necessary to comply with its obligations hereunder or as reasonably requested by Pfizer. For the United States, Europe and Japan, and any other countries or patent offices specifically requested in writing by Pfizer, Spark shall allow Pfizer a reasonable opportunity and reasonable time to review and comment regarding substantive communications from the relevant patent offices or Governmental Authorities and drafts of any responses or other proposed substantive filings before any such filings are submitted to any relevant patent offices or Governmental Authorities, and Spark shall consider in good faith any reasonable comments offered by Pfizer in preparing any final filings to be submitted to any relevant patent offices or Governmental Authorities.

Spark Patent Rights. If Spark at any time declines to continue prosecution or maintenance of the patents and applications in a particular country for any Spark Patent Right or Research Program Patent Right solely invented by Spark or its representatives, then, subject to any limitations imposed by any Spark Third Party Agreement, Spark shall provide Pfizer with at least [**] days prior written notice to such effect, and Spark shall have no responsibility with respect to the prosecution or maintenance of the applicable Patent Right and no responsibility for any expenses incurred in connection with such Patent Right after the end of such [**] day period. If Pfizer gives written notice to Spark before the end of such [**] days period that Pfizer elects to continue prosecution or maintenance), (a) Spark, upon Pfizer’s request, shall execute such documents and perform such acts, at Pfizer’s expense, as may be reasonably necessary to permit Pfizer to prosecute and maintain such Patent Right at its sole expense and (b) Pfizer shall keep Spark advised on the status of the prosecution and maintenance of all such Patent Rights annually and at other times as reasonably requested by Spark; provided, however, that the use of any Spark Confidential Information in connection with Pfizer’s prosecution and maintenance shall be subject to Spark consent, not to be unreasonably withheld. If Pfizer does not give written notice to Spark before the end of such [**] day period that Pfizer elects to continue prosecution or maintenance of such Patent Right, Spark shall be entitled to allow such Patent Right to lapse.

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 any PCT application incl...

Spark Patent Rights. Serial No. Title Country File Date Patent No. Issue Date Status [**] [**] [**] [**] [**] [**] [**] Confidential Materials omitted and filed separately with the Securities and Exchange Commission. A total of four pages were omitted. [**] Schedule 7.2.3 - 1 Schedule 7.2.11