Common use of Discontinued Patents Clause in Contracts

Discontinued Patents. If, under Section 9.2.2, the party responsible for prosecution and maintenance of the Product-Specific Patents (the “Prosecuting Party”) elects to not pursue or continue the filing, prosecution, or maintenance of any particular applications or patents, or subject matter included in the Product-Specific Patents, in any jurisdiction, the Prosecuting Party will give as much advance written notice as reasonably practicable (but in no event less than 30 days or, in the case of an applicable impending deadline, 45 days prior to such deadline) to the other party of any decision not to pursue or continue the preparation, filing, prosecution and maintenance of such Product-Specific Patent or subject matter included in such Product-Specific Patent (a “Discontinued Patent”). In such case, the other party may elect to continue preparation, filing, prosecution, or maintenance of the Discontinued Patent in the select jurisdiction at its expense. The Prosecuting Party who is discontinuing prosecution or maintenance will execute such documents and perform such acts as may be reasonably necessary for the other party to continue prosecution or maintenance of the applicable Discontinued Patent. If a party that continues the prosecution and maintenance of a Discontinued Patent wishes to cease prosecution, such party does not need to provide notice to the Prosecuting Party that originally decided to discontinue prosecution of such patent.

Discontinued Patents. If, under Section 9.2.2, If the party Party responsible for prosecution and maintenance of the Product-Specific Patents under Section 9.2.2 or Section 9.2.3, as applicable (the “Prosecuting Party”) elects to not pursue or continue the filing, prosecution, or maintenance of any particular applications or patents, or subject matter included in the Product-Specific Patents, Patents in any jurisdictionjurisdiction (a “Discontinued Patent”), then the Prosecuting Party will give as much advance written notice as reasonably practicable (but in no event less than 30 days or, in the case of an applicable impending deadline, 45 days prior to such deadline) to the other party Party of any decision not to pursue or continue the such preparation, filing, prosecution and maintenance of such Product-Specific Patent prosecution, or subject matter included in such Product-Specific Patent (a “Discontinued Patent”)maintenance. In such case, the other party Party may elect to continue preparation, filing, prosecution, or maintenance of the such Discontinued Patent in the select applicable jurisdiction at its expenseexpense and such Party will become the Prosecuting Party with respect to such Discontinued Patent in such jurisdiction. The Prosecuting Party who that is discontinuing the prosecution or maintenance of a Discontinued Patent will execute such documents and perform such acts as may be reasonably necessary for the other party Party to continue prosecution or maintenance of the applicable Discontinued PatentPatent in the applicable jurisdiction. If a party Party that continues the prosecution and maintenance of a Discontinued Patent wishes to cease prosecution, then such party Party does not need to provide notice to the Prosecuting Party that originally decided to discontinue prosecution of such patentProduct-Specific Patent.