Common use of Costs of Patent Prosecution Clause in Contracts

Costs of Patent Prosecution. All costs for Patent Prosecution of Xxxxxxxxx Patents shall be borne by Xxxxxxxxx. All costs for Patent Prosecution of Lilly Patents shall be borne by Lilly. All costs of Patent Prosecution for Jointly Owned Patents shall be equally shared by the Parties. However, each of Xxxxxxxxx and Xxxxx may in its sole discretion following consultation with the intellectual [**] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. property subcommittee elect to discontinue Patent Prosecution (and therefore, no longer pay the costs of such Patent Prosecution) in any country on a Patent-by-Patent basis as provided for under Article 12.2 above. Each Party shall give prompt notice to the other Party if it declines to pay costs for the filing, prosecution or maintenance of a Xxxxxxxxx Patent, Jointly Owned Patent or Lilly Patent, as applicable, in any country of the Territory, and in such case, the other Party after consultation with notifying Party and with notifying Party’s approval (which approval shall not be unreasonably withheld), shall have the right to file, prosecute or maintain such Patent at its own expense. If the Parties agree to allow the notified Party to file, prosecute or maintain a Patent pursuant to this Article 12.4, the notifying Party shall promptly deliver to the notified Party copies of all necessary files related to the Patent with respect to which responsibility has been transferred and shall take all actions and execute all documents reasonably necessary for the notified Party to assume such responsibility and to assign any Patents to the notified Party as necessary. As of the date of the notifying Party’s assignment to the notified Party, such Patent shall not be included in the notifying Party’s Patents, as applicable, under this Agreement.

Costs of Patent Prosecution. All costs for Patent Prosecution of Xxxxxxxxx Patents shall be borne by Xxxxxxxxx. All costs for Patent Prosecution of Lilly Patents shall be borne by Lilly. All costs of Patent Prosecution for Jointly Owned Patents shall be equally shared by the Parties. However, each of Xxxxxxxxx and Xxxxx may in its sole discretion following consultation with the intellectual [**] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. property subcommittee elect to discontinue Patent Prosecution (and therefore, no longer pay the costs of such Patent Prosecution) in any country on a Patent-by-Patent basis as provided for under Article 12.2 above. Each Party shall give prompt notice to the other Party if it declines to pay costs for the filing, prosecution or maintenance of a Xxxxxxxxx Patent, Jointly Owned Patent or Lilly Patent, as applicable, in any country of the Territory, and in such case, the other Party after consultation with notifying Party and with notifying Party’s approval (which approval shall not be unreasonably withheld), shall have the right to file, prosecute or maintain such Patent at its own expense. If the Parties agree to allow the notified Party to file, prosecute or maintain a Patent pursuant to this Article 12.4, the notifying Party shall promptly deliver to the notified Party copies of all necessary files related to the Patent with respect to which responsibility has been transferred and shall take all actions and execute all documents reasonably necessary for the notified Party to assume such responsibility and to assign any Patents to the notified Party as necessary. As of the date of the notifying Party’s assignment to the notified Party, such Patent shall not be included in the notifying Party’s Patents, as applicable, under this Agreement.