Common use of Prosecution and Maintenance of Patent Rights Clause in Contracts

Prosecution and Maintenance of Patent Rights. (a) As of the Effective Date, each Party shall be responsible, at its own expense, for diligently taking all steps necessary to file, prosecute, maintain and extend its own Patent Rights. (b) Emisphere shall provide Novartis with copies of all of the documents and communications between Emisphere or Emisphere’s agents and the appropriate patent offices which are in Emisphere’s patent files directly relating to the Emisphere Patent Rights. Emisphere shall supply Novartis with copies of other documents relating to the Emisphere Patent Rights which may be in Emisphere’s possession. (c) Emisphere agrees that it shall not abandon or narrow the claims of any Emisphere Patent Rights so that they no longer cover the Programme Carriers, their use or manufacture, in any country unless it has received written consent to do so from Novartis or unless any such Patents have been finally rejected and Novartis reasonably sees no prospect of overcoming such rejection at reasonable cost.

Prosecution and Maintenance of Patent Rights. (a) As of the Effective Datedate of exercise of the Option, each Party shall be responsible, at its own expense, for diligently taking all steps necessary to file, prosecute, maintain and extend its own Patent Rights. (b) Emisphere shall provide Novartis with copies of all of the documents and communications between Emisphere or Emisphere’s agents and the appropriate patent offices which are in Emisphere’s patent files directly relating to the Emisphere Patent Rights. Emisphere shall supply Novartis with copies of other documents relating to the Emisphere Patent Rights which may be in Emisphere’s possession. (c) Emisphere agrees that it shall not abandon or narrow the claims of any Emisphere Patent Rights so that they no longer cover the Programme Development Plan Carriers, their use or manufacture, in any country unless it has received written consent to do so from Novartis or unless any such Patents have been finally rejected and Novartis reasonably sees no prospect of overcoming such rejection at reasonable cost. *** - indicates material omitted pursuant to a Confidential Treatment Request and filed separately with the Securities and Exchange Commission.

Prosecution and Maintenance of Patent Rights. (a) As of the Effective Date, each Party shall be responsible, at its own expense, for diligently taking all steps necessary to file, prosecute, maintain and extend its own Patent Rights. (b) Emisphere shall provide Novartis with copies of all of the documents and communications between Emisphere or Emisphere’s agents and the appropriate patent offices which are in Emisphere’s patent files directly relating to the Emisphere Patent Rights. Emisphere shall supply Novartis with copies of other documents relating to the Emisphere Patent Rights which may be in Emisphere’s possession. (c) Emisphere agrees that it shall not abandon or narrow the claims of any Emisphere Patent Rights so that they no longer cover the Programme Carriers, their use or manufacture, in any country unless it has received written consent to do so from Novartis or unless any such Patents have been finally rejected and Novartis reasonably sees no prospect of overcoming such rejection at reasonable cost. *** - indicates material omitted pursuant to a Confidential Treatment Request and filed separately with the Securities and Exchange Commission.