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

Prosecution and Maintenance of Foreign Patents. Should LICENSEE select a country in which to file corresponding foreign patent application(s), and subsequently elects not to continue to reimburse SYSTEM for the diligent prosecution and maintenance of such foreign patent(s) or patent application(s), it shall so notify SYSTEM at least three (3) months prior to taking (or not taking) any action which would result in abandonment, withdrawal, or lapse of such foreign patents or applications. SYSTEM shall then have the right to continue maintenance or prosecution of such foreign patent or application at its own expense. However, expenses incurred prior to the point of LICENSEE taking (or not taking) such action shall remain the responsibility of LICENSEE.

Prosecution and Maintenance of Foreign Patents. Should LICENSEE INHIBITEX select a country in which to file corresponding foreign patent application(s), applications(s) and subsequently elects not to continue to reimburse the SYSTEM for the its diligent prosecution and maintenance of such foreign patent(s) or patent application(s), it shall so notify the SYSTEM at least three (3) months prior to taking (or not taking) any action which would result in abandonment, withdrawal, withdrawal or lapse of such foreign patents patent(s) or applicationsapplication(s). The SYSTEM shall then have the right to continue maintenance or of prosecution of such foreign patent patent(s) or application application(s) at its own expense. However, expenses incurred prior to the point of LICENSEE INHIBITEX taking (or not taking) such action shall remain the responsibility of LICENSEELICENSEE and such foreign patent(s) or applications(s) shall be excluded from PATENT RIGHTS.

Prosecution and Maintenance of Foreign Patents. Should LICENSEE select a country in which to INHIBITEX file corresponding foreign patent application(s), ) and subsequently elects not to continue to reimburse SYSTEM for the diligent prosecution prosecute and maintenance of maintain such foreign patent(s) or patent application(s), it shall so notify the SYSTEM at least three (3) months prior to taking (or not taking) any action which would result in abandonment, withdrawal, withdrawal or lapse of such foreign patents patent(s) or applicationsapplication(s). SYSTEM shall then have the right to continue maintenance or of prosecution of such foreign patent patent(s) or application application(s) at its own expense. However, expenses incurred prior to the point of LICENSEE INHIBITEX taking (or not taking) such action shall remain the responsibility of LICENSEEINHIBITEX and such foreign patent(s) or application(s) shall be excluded from PATENT RIGHTS.