Common use of Patent Abandonment Clause in Contracts

Patent Abandonment. 10.3.1 The Parties will confer and must mutually agree before any of the BMS Patent Rights may be abandoned in any Major Market Country; provided that BMS shall not unreasonably withhold, delay or condition its consent to a request by Eiger to abandon a BMS Patent Right if such abandonment will not adversely affect the amount or duration of any royalty payable to BMS hereunder. Eiger shall provide BMS with notice of the allowance and expected issuance date of any patent within the BMS Patent Rights, or any of the deadline for filing a new patent application, and BMS shall provide Eiger with prompt notice as to whether BMS desires Eiger to file such new patent application.

Appears in 4 contracts

Samples: License Agreement, License Agreement (Eiger BioPharmaceuticals, Inc.), License Agreement (Eiger BioPharmaceuticals, Inc.)

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Patent Abandonment. 10.3.1 The Parties will confer and must mutually agree before any of the BMS Patent Rights may be abandoned in any Major Market Country; provided that BMS shall not unreasonably withhold, delay or condition its consent to a request by Eiger Company to abandon a BMS Patent Right if such abandonment will not adversely affect the amount or duration of any royalty payable to BMS hereunder. Eiger Company shall provide BMS with notice of the allowance and expected issuance date of any patent within the BMS Patent Rights, or any of the deadline for filing a new patent application, and BMS shall provide Eiger Company with prompt notice as to whether BMS desires Eiger Company to file such new patent application.

Appears in 3 contracts

Samples: License Agreement (Immunome Inc.), License Agreement (Ayala Pharmaceuticals, Inc.), License Agreement (Ayala Pharmaceuticals, Inc.)

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Patent Abandonment. 10.3.1 The Parties will confer and must mutually agree before any of the BMS Patent Rights may be abandoned in any Major Market Countrycountry; provided that BMS shall not unreasonably withhold, delay or condition its consent to a request by Eiger Company to abandon a BMS Patent Right if such abandonment will not adversely affect the amount or duration of any royalty payable to BMS hereunder. Eiger Company shall provide BMS with notice of (a) the allowance and expected issuance date of any patent within the BMS Patent Rights, or and (b) any of the deadline for filing a new patent applicationapplication (including continuations and divisionals), and BMS shall provide Eiger Company with prompt notice as to whether BMS desires Eiger Company to file such new patent application.

Appears in 1 contract

Samples: License Agreement (Homology Medicines, Inc.)

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