Patent Prosecution by Xxxxx Sample Clauses

Patent Prosecution by Xxxxx. Subject to the last sentence of Section 9.1(a), Xxxxx shall file, prosecute, and maintain the Xxxxx Patent Rights, at Xxxxx’x sole expense, in each Major Market Country in the Territory and in any other countries within the Territory upon which Xxxxx and Takeda agree. Xxxxx shall promptly furnish or have furnished to Takeda copies of all patents, patent applications, substantive patent office actions, and substantive responses received or filed in connection with such patents and patent applications. In the case of patent applications and responses, copies will be furnished to Takeda as soon as possible after Xxxxx’x receipt of the same; provided, that Xxxxx shall furnish such copies at least [***] before filing or mailing, as the case may be. Takeda may itself or through its attorney offer comments and suggestions with respect to the matters that are the subject of this Section 9.1(b) and Xxxxx shall consider such comments and suggestions. If reasonably necessary, Takeda shall cooperate, at Xxxxx’x expense, in the preparation, filing, prosecution and maintenance of any and all Xxxxx Patent Rights that are the subject of this Section 9.1(b). Xxxxx shall promptly provide notice to Takeda as to all matters that come to its attention that may affect the preparation, filing, prosecution or maintenance of any Xxxxx Patent Rights. In the event that Xxxxx elects not to file for patent protection, or elects not to prosecute or maintain a patent or patent application under, the Xxxxx Patent Rights described in this Section 9.1(b) in a particular country(ies), Xxxxx shall notify Takeda of such decision as soon as possible no later than [***] prior to the final deadline for any pending action or response that may be due with respect to such Xxxxx Patent Right with the applicable patent authority. In the event Takeda provides written notice expressing its interest in prosecuting and maintaining such Licensed Patent Right, Xxxxx shall cooperate with Takeda to permit Takeda to file, prosecute, and maintain such Xxxxx Patent Rights, at Takeda’s sole expense, subject to the provisions of Section 9.1(c).