Common use of Foreign Filings Clause in Contracts

Foreign Filings. The University will, at the request of Santarus, file, prosecute, and maintain patent applications and patents covered by Patent Rights in foreign countries if available. Santarus must notify the University within *** of the filing of the corresponding United States application of its decision to request the University to file foreign counterpart patent applications. This notice concerning foreign filing must be in writing and must identify the countries desired. The absence of such a notice from Santarus to the University within the *** period will be considered an election by Santarus not to request the University to secure foreign patent rights on behalf of Santarus. The University will have the right to file patent applications at its own expense in any country Santarus has not included in its list of desired countries, and such applications and resultant patents, if any, will not be included in the licenses granted under this Agreement.