Common use of Collaboration Patents Clause in Contracts

Collaboration Patents. The responsibility and strategy for Prosecution and Maintenance of any Collaboration Patents shall be mutually agreed by GSK and Anacor. The Parties shall cooperate to prepare and Prosecute and Maintain patent applications included in the Collaboration Patents in a manner that ensures a reasonable scope of protection for such subject matter and preserves the rights of each collaborator in the Collaboration Patents. In the event of any dispute regarding the Prosecution and Maintenance of any Collaboration Patents and existing Third Party rights identified under Section 8.6, Anacor shall have the final say with respect to decisions made prior to GSK's exercise of its Option with respect to such Collaboration Patents or after GSK's termination of Development, and GSK shall have final say after such exercise, with respect to those claims that cover any Collaboration Compound as to which GSK exercises its Option; provided, however, that neither Party can make a "final say" in any Prosecution or Maintenance matter that decreases the number of continuation applications, divisional applications or requests for continuing examination that the other Party (or any Third Party) can Prosecute and Maintain within the Collaboration Patents. If the decision of one Party would result in loss of the other Party's right to file a continuation application, a divisional application or a request for continuing examination within in the Collaboration Patents, the matter will be presented to the JPS for resolution.

Collaboration Patents. The responsibility and strategy for Prosecution and Maintenance of any Collaboration Patents shall be mutually agreed by GSK and Anacor. The Parties shall cooperate to prepare and Prosecute and Maintain patent applications included in the Collaboration Patents in a manner that ensures a reasonable scope of protection for such subject matter and preserves the rights of each collaborator in the Collaboration Patents. In the event of any dispute regarding the Prosecution and Maintenance of any Collaboration Patents and existing Third Party rights identified under Section 8.6, Anacor shall have the final say with respect to decisions made prior to GSK's ’s exercise of its Option with respect to such Collaboration Patents or after GSK's ’s termination of Development, and GSK shall have final say after such exercise, with respect to those claims that cover any Collaboration Compound as to which GSK exercises its Option; provided, however, that neither Party can make a "“final say" ” in any Prosecution or Maintenance matter that decreases the number of continuation applications, divisional applications or requests for continuing examination that the other Party (or any Third Party) can Prosecute and Maintain within the Collaboration Patents. If the decision of one Party would result in loss of the other Party's ’s right to file a continuation application, a divisional application or a request for continuing examination within in the Collaboration Patents, the matter will be presented to the JPS for resolution.