Discontinuance of Patent Prosecution. The Party initially responsible for preparation, filing, prosecution and maintenance (including the costs or reimbursement of costs related thereto) of a particular Program Patent, Lilly Patent or Phytera Patent (the "Initial Responsible Party") shall give thirty (30) days advance notice (the "Discontinuance Election") to the other Party of any decision to cease preparation, filing, prosecution and maintenance of that Patent (a "Discontinued Patent") provided, however, that abandonment of a patent application in favor of a continuation or a continuation-in-part thereof shall not constitute discontinuance of the patent application. In such case, the other Party may elect at its sole discretion to continue preparation, filing, prosecution or maintenance of the Discontinued Patent at its sole expense. The Party so continuing shall own any such patent application and patents maturing therefrom; and the Initial Responsible Party shall execute such documents and perform such acts as may be reasonably necessary for the other Party to file or to continue prosecution or maintenance, including assigning ownership of such patents and inventions to such electing Party. Discontinuance may be on a country-by-country basis or for a patent application or patent series in total. In the event that Lilly exercises its Discontinuance Election with respect to a Discontinued Patent in a particular country, Lilly's license hereunder with respect to that Discontinued Patent shall terminate with respect to such country.
Discontinuance of Patent Prosecution. For any Patent Right licensed hereunder, the prosecuting Party (as determined in accordance with the Research Agreement) may discontinue its obligation to prepare, file, prosecute and maintain particular Patent Right(s) by providing the other Party (the "Assuming Party") with thirty (30) days advance written notice (the "Discontinuance Election") of any decision to cease preparation, filing, prosecution or maintenance of that Patent Rights (a "Discontinued Patent"). In such case, the Assuming Party may, at its sole discretion, continue preparation, filing or prosecution or maintenance of the Discontinued Patent at its sole expense. In such case, the Assuming Party shall own exclusively any such Discontinued Patent; and the Party discontinuing its obligation to prosecute and maintain such Discontinued Patent shall execute such documents and perform such acts as may be reasonably necessary for the Assuming Party to file or to continue prosecution or maintenance, including assigning ownership of such patents and/or patent applications to the Assuming Party and maintaining such patents and/or patent applications until such assignment of ownership is completed. Discontinuance may be on a country-by-country basis or for a patent application or patent series in total.
Discontinuance of Patent Prosecution. The party initially responsible for preparation, filing, prosecution and maintenance (including the costs or reimbursement of costs related thereto) of a particular Program Patent, Lilly Patent or Vertex Patent (the "Initial Responsible Party") shall give thirty (30) days advance notice (the "Discontinuance Election") to the other party of any decision to cease preparation, filing, prosecution and maintenance of that patent (a "Discontinued Patent"). In such case, the other party may elect at its sole discretion to continue preparation, filing and prosecution or maintenance of the Discontinued Patent at its sole expense. The party so continuing shall own any such patent application and patents maturing therefrom; and the Initial Responsible Party shall execute such documents and perform such acts as may be reasonably necessary for the other party to file or to continue prosecution or maintenance, including assigning ownership of such patents and inventions to such electing party. Discontinuance may be on a country-by-country basis or for a patent application or patent series in total. [*].
Discontinuance of Patent Prosecution. The party initially responsible for preparation, filing, prosecution and maintenance of a particular Lilly Patent, Ligand Patent or Joint Patent (the "Initial Responsible Party") shall give thirty (30) days advance notice (the *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.
Discontinuance of Patent Prosecution. Each party shall give thirty ------------------------------------ (30) days advance notice (the "Discontinuance Election") to the other party of any decision to cease, preparation, filing, prosecution and maintenance of a Program Patent Right (a "Discontinued Patent") provided, however, that abandonment of a patent application in favor of a continuation or a continuation-in-part thereof shall not constitute discontinuance of the patent application. In such case, the other party may elect at its sole discretion to continue preparation, filing, prosecution or maintenance of the Discontinued Patent at its sole expense. Such other party shall thereafter own any such patent application and patents maturing therefrom; and the party making the Discontinuance Election shall execute such documents and perform such acts as may be reasonably necessary for the other party to file or to continue prosecution or maintenance, including assigning ownership of such patents and inventions to such electing party. Discontinuance may be on a country-by-country basis or for a patent application to a patent series in total.
Discontinuance of Patent Prosecution. If Abboxx xxxides not to follow the R&D Steering Committee's recommendations to prepare and file a patent application covering a particular
