Common use of Collaboration Patents Clause in Contracts

Collaboration Patents. (i) Cytokinetics shall be responsible for filing, prosecuting and maintaining any Collaboration Patents, [*]. Cytokinetics shall consult with Astellas and keep Astellas reasonably informed of the status of the Collaboration Patents and shall promptly provide Astellas with copies of material correspondence received from any patent authorities in connection therewith. In addition, Cytokinetics shall promptly provide Astellas with drafts of all proposed material filings and correspondences to any patent authorities with respect to the Collaboration Patents for Astellas’ review and comment prior to the submission of such proposed filings and correspondences. Cytokinetics shall confer with Astellas and reasonably consider Astellas’ comments prior to submitting such filings and correspondences, provided that Astellas shall provide such comments within [*] days of receiving the draft filings and correspondences from Cytokinetics. If Astellas does not provide comments within such period of time, then Astellas shall be deemed to have no comment to such proposed filings or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance of such Collaboration Patents, the final decision shall be made by Cytokinetics, subject to subsection (ii) below.

Collaboration Patents. (i) Cytokinetics Astellas shall be responsible for filing, prosecuting and maintaining any Collaboration Patents, [*]. Cytokinetics Astellas shall consult with Astellas Cytokinetics and keep Astellas Cytokinetics reasonably informed of the status of the Collaboration Patents and shall promptly provide Astellas Cytokinetics with copies of material correspondence received from any patent authorities in connection therewith. In addition, Cytokinetics Astellas shall promptly provide Astellas Cytokinetics with drafts of all proposed material filings and correspondences to any patent authorities with respect to the Collaboration Patents for AstellasCytokinetics’ review and comment prior to the submission of such proposed filings and correspondences. Cytokinetics Astellas shall confer with Astellas Cytokinetics and reasonably consider AstellasCytokinetics’ comments prior to submitting such filings and correspondences, provided that Astellas Cytokinetics shall provide such comments within [*] days of receiving the draft filings and correspondences from CytokineticsAstellas. If Astellas Cytokinetics does not provide comments within such period of time, then Astellas Cytokinetics shall be deemed to have no comment to such proposed filings or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance of such Collaboration Patents, the final decision shall be made by CytokineticsAstellas, subject to subsection (ii) below. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.

Collaboration Patents. (i) Cytokinetics Astellas shall be responsible for filing, prosecuting and maintaining any Collaboration Patents, [*[ * ]. Cytokinetics Astellas shall consult with Astellas Cytokinetics and keep Astellas Cytokinetics reasonably informed of the status of the Collaboration Patents and shall promptly provide Astellas Cytokinetics with copies of material correspondence received from any patent authorities in connection therewith. In addition, Cytokinetics Astellas shall promptly provide Astellas Cytokinetics with drafts of all proposed material filings and correspondences to any patent authorities with respect to the Collaboration Patents for AstellasCytokinetics’ review and comment prior to the submission of such proposed filings and correspondences. Cytokinetics Astellas shall confer with Astellas Cytokinetics and reasonably consider AstellasCytokinetics’ comments prior to submitting such filings and correspondences, provided that Astellas Cytokinetics shall provide such comments within [*[ * ] days of receiving the draft filings and correspondences from CytokineticsAstellas. If Astellas Cytokinetics does not provide comments within such period of time, then Astellas Cytokinetics shall be deemed to have no comment to such proposed filings or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance of such Collaboration Patents, the final decision shall be made by CytokineticsAstellas, subject to subsection (ii) below.

Collaboration Patents. (i) Cytokinetics Astellas shall be responsible for filing, prosecuting and maintaining any Collaboration Patents, [*]. Cytokinetics Astellas shall consult with Astellas Cytokinetics and keep Astellas Cytokinetics reasonably informed of the status of the Collaboration Patents and shall promptly provide Astellas Cytokinetics with copies of material correspondence received from any patent authorities in connection therewith. In addition, Cytokinetics Astellas shall promptly provide Astellas Cytokinetics with drafts of all proposed material filings and correspondences to any patent authorities with respect to the Collaboration Patents for AstellasCytokinetics’ review and comment prior to the submission of such proposed filings and correspondences. Cytokinetics Astellas shall confer with Astellas Cytokinetics and reasonably consider AstellasCytokinetics’ comments prior to submitting such filings and correspondences, provided that Astellas Cytokinetics shall provide such comments within [*] days of receiving the draft filings and correspondences from CytokineticsAstellas. If Astellas Cytokinetics does not provide comments within such period of time, then Astellas Cytokinetics shall be deemed to have no comment to such proposed filings or correspondences. In case of disagreement between the Parties with respect to the filing, prosecution and maintenance of such Collaboration Patents, the final decision shall be made by CytokineticsAstellas, subject to subsection (ii) below.