Common use of Prosecution and Maintenance of Development Patents Clause in Contracts

Prosecution and Maintenance of Development Patents. With respect to the Development Patents owned by ADCT or jointly owned by ADCT and MedImmune pursuant to Sections 3.1.3(b) and (c) below, ADCT shall at its sole discretion, have the right to prosecute and maintain such Development Patents using a patent agent/attorney reasonably approved by MedImmune (for example, the same patent agent/attorney prosecuting patent applications on behalf of MedImmune in the PBD space) provided that ADCT shall (a) provide MedImmune with copies of and an opportunity to review and comment upon the text of the applications relating to such Development Patents at least ten (10) days before filing, (b) provide MedImmune with a copy of each submission made to and document received from a patent authority, court or other tribunal regarding any such Development Patents promptly after making such filing or receiving such document, including a copy of each application as filed together with notice of its filing date and application number, (c) keep MedImmune advised of the status of all material communications, actual and prospective filings or submissions regarding such Development Patents, and will give MedImmune copies of and an opportunity to review and comment on any such material communications, filings and submissions proposed to be sent to any patent authority or judicial body; and (d) if MedImmune reasonably believes that such communication, filing or submission will have a detrimental effect on its commercial interests with respect to PBDs, then MedImmune shall have the right to require ADCT to amend its communication, filing or submission prior to it being transmitted such as to prevent such detrimental effect, unless ADCT can reasonably establish that no such detrimental effect will occur. Certain confidential information contained in this document, marked by [**], has been omitted because ADC Therapeutics SA (ADCT) has determined that the information (i) is not material and (ii) would likely cause competitive harm to ADC Therapeutics SA (ADCT) if publicly disclosed.