Common use of Filing, Prosecution and Maintenance of Patents Clause in Contracts

Filing, Prosecution and Maintenance of Patents. Santarus shall have the right to prepare, file, prosecute and maintain in such countries as it deems appropriate in its discretion, patent applications and patents, and to conduct any interferences, re-examinations, reissues, oppositions or requests for patent term extension or governmental equivalents thereto within the Santarus Patent Rights, and TAP shall give reasonable cooperation in connection therewith. Notwithstanding the above, TAP shall be given reasonable opportunity to comment on actions taken by Santarus with regard to Santarus Patent Rights in the Field of Use and Territory, and Santarus shall reasonably consider all such comments. TAP shall promptly reimburse Santarus for *** of the expenses of such prosecution and maintenance actually paid by Santarus within the Territory to the extent that Santarus has not been reimbursed by any Third Party for such expenses. Santarus shall in good faith use reasonable efforts to optimize the breadth of protection of the Santarus Patent Rights in such a manner as to protect and broaden the scope of TAP's license under Section 2.1.