Common use of Claiming Priority Clause in Contracts

Claiming Priority. If Medarex wishes to file a patent application with respect to a Research Invention and claim filing priority for such patent application based on an earlier filed application having a priority date on or before October 21, 1997, it shall notify FibroGen. FibroGen shall have the right, only to be exercised reasonably, to preclude Medarex from such priority claim for claims to antibodies directed to an Antigen (i.e., any antibody directed to CTGF for the treatment of fibrosis) which (a) do not recite specific DNA or protein sequences, or (b) FibroGen reasonably believes are not otherwise Excluded Claims. It is understood and agreed that FibroGen shall not have such a right for any Antibody claims which do recite specific DNA or protein sequences or for any other claims that FibroGen reasonably believes are Excluded Claims.

Claiming Priority. If Medarex wishes to file a patent application with respect to a Research Invention and claim filing priority for such patent application based on an earlier filed application having a priority date on or before October 21, 1997, it shall notify FibroGen. FibroGen CONFIDENTIAL shall have the right, only to be exercised reasonably, to preclude Medarex from such priority claim for claims to antibodies directed to an Antigen (i.e., any antibody directed to CTGF for the treatment of fibrosis) which (a) do not recite specific DNA or protein sequences, or (b) FibroGen reasonably believes are not otherwise Excluded Claims. It is understood and agreed that FibroGen shall not have such a right for any Antibody claims which do recite specific DNA or protein sequences or for any other claims that FibroGen reasonably believes are Excluded Claims.