Cytogen Program Patents Clause Samples

Cytogen Program Patents. For such applications ----------------------- and patents that are within Cytogen Program Patents, Cytogen shall have the right, but not obligation, at its expense, to file and prosecute and defend such patent applications, and maintain such patents. Cytogen shall have the right to control such filing, prosecution, defense and maintenance; however, Elan shall be provided with copies of all documents relating to such filing, prosecution, and defense, in sufficient time to review such documents and comment thereon, if desired by Elan, prior to filing. If Cytogen elects not to file or prosecute such applications or maintain such Letters Patent, Cytogen shall so notify Elan, in which event Elan shall have the right to file or prosecute such applications and to maintain such Letters Patent entirely at its own expense. To the extent permitted by law, such patent applications will be filed initially in Ireland.