Common use of Prosecution of Patent Rights Clause in Contracts

Prosecution of Patent Rights. Sol-Gel shall be responsible for and have sole control over, at its cost, the preparation, filing, prosecution and maintenance of all Licensed Patent Rights in Sol-Gel’s name in the Territory. Sol-Gel will: (i) instruct such patent counsel to provide SLP with copies of all filings and formal correspondences relating to such Licensed Patent Rights in the Territory and (ii) keep SLP advised of the status of actual and prospective patent filings related to the Licensed Product in the Territory. Sol-Gel will give SLP the opportunity to provide and will reasonably consider comments on the preparation, filing, prosecution and maintenance of the Licensed Patent Rights in the Territory. Sol-Gel, reserves the sole right to make all final decisions regarding the preparation, filing, prosecution and maintenance of the Licensed Patent Rights. Each Party will treat any consultation regarding the preparation, filing, prosecution and maintenance of such Licensed Patent Rights, along with any information disclosed by each Party in connection therewith (including any information concerning patent expenses), as part of Sol-Gel’s Confidential Information. Sol-Gel may elect at its sole discretion not to continue to seek or maintain any Licensed Patent Rights covering the Licensed Product in the Territory [***] jurisdiction. In such case, Sol-Gel will provide SLP with [***] days advance written notice of its intention to abandon such Licensed Patent Rights. If Sol-Gel elects not to continue to seek or maintain any Licensed Patent Rights covering the Licensed Product in the Territory for any other reason (the "Abandoned Patent Rights"), then Sol-Gel shall provide SLP with timely notice with respect to its decision, and will provide SLP with a reasonable opportunity to assume responsibility for the continued prosecution and maintenance of such Licensed Patent Rights at its own cost, in the name of SLP, and Sol-Gel will free of charge assign and transfer to SLP the ownership and interest in such Licensed Patent Rights.

Prosecution of Patent Rights. Sol-Gel shall be responsible for and have sole the first right to control over, at its cost, the preparation, filing, prosecution prosecution, and maintenance of all Licensed Patent Rights (including Sol-Gel Invention Patents) in the Territory in Sol-Gel’s name in the Territoryand at its sole cost and expense. Sol-Gel will: (i) instruct such patent counsel to provide SLP Galderma with copies of all filings proposed filings, submissions, and formal other substantive correspondences relating to such Licensed Patent Rights in the Territory for Galderma’s review and comment, (ii) give Galderma reasonable opportunity to provide, and consider in good faith and incorporate, comments on the preparation, filing, prosecution, and maintenance of the Licensed Patent Rights in the Territory prior to making any such filing, submission, or other substantive correspondence, and (iii) keep SLP Galderma advised of the status of actual and prospective patent filings related to the a Licensed Product in the Territory. Subject to the foregoing, Sol-Gel will give SLP the opportunity to provide and will reasonably consider comments on the preparation, filing, prosecution and maintenance of the Licensed Patent Rights in the Territory. Sol-Gel, reserves the sole right to make all final decisions regarding the preparation, filing, prosecution and maintenance of the Licensed Patent Rights. Each Party will treat any consultation regarding the preparation, filing, prosecution prosecution, and maintenance of such Licensed Patent Rights, along with any information disclosed by each Party in connection therewith (including any information concerning patent expenses), as part of Sol-Gel’s Confidential Information. Sol-Gel may elect at its sole discretion not to continue to seek or maintain any Licensed Patent Rights covering the Licensed Product in the Territory [***] jurisdiction. In such case, Sol-Gel will provide SLP with [***] days advance written notice of its intention to abandon such Licensed Patent Rights. If Sol-Gel elects not to continue to seek or maintain maintain, or elects to let lapse, any Licensed Patent Rights covering the Licensed Product in the Territory for any other reason (the "Abandoned Patent Rights"), then Sol-Gel shall will provide SLP Galderma with timely notice with respect to its decision, and will provide SLP Galderma with a reasonable opportunity to assume responsibility for the continued prosecution and maintenance of such Licensed Patent Rights at its own cost, cost and expense and in the name of SLP, and Sol-Gel will free of charge assign and transfer to SLP the ownership and interest in such Licensed Patent RightsGel.