Separation of Patent Claims. (a) If a Party determines that an application for a Patent filed, or sought to be filed, by the other Party claims [***], then the Parties agree that, to the extent practicable, such application shall be divided into two (2) or more Patent applications, so that each application shall contain claims that cover only [***].
Separation of Patent Claims. If a Party determines that an application for a Patent filed, or sought to be filed, by the other Party contains a claim or claims that Cover both such determining Party’s Proprietary Technology and/or any Program Invention, the Parties agree that, to the extent practicable, such application shall be divided into two (2) or more Patent applications, so that each application shall contain claims that cover only one of Avidity Proprietary Technology or Lilly Proprietary Technology (as applicable), on the one hand, or the Program Invention(s), on the other hand. If such division is not practicable, or a single claim covers both Lilly Proprietary Technology or Avidity Proprietary Technology (as applicable), on the one hand, and a Program Invention, on the other hand, such Patent application shall be deemed to be within the Program Inventions and subject to the provisions of Section 8.1.3(a).
Separation of Patent Claims. If ProQR desires to file an application for a Patent or to maintain a Patent (including such Patents filed as continuations or divisionals after the Effective Date from Patents listed in Exhibit 1.115), in accordance with the rights granted to ProQR under this Article 9 and such Patent would include the Specific Identification of a Project Target, Compound or Product (i.e., for purposes of pursuing Product-Specific Patent protection), the Parties agree that, to the extent practicable, such application or Patent shall be divided into two (2) or more Patent applications or Patents, so that only one such application or Patent Specifically Identifies a Project Target, Compound or Product (i.e., a Product-Specific Patent) and the other such application or Patent falls generally within the ProQR Patents, and does not Specifically Identify a Project Target, Compound or Product. If such division or continuation is not practicable, such Patent application, or Patent, shall be deemed to be within the Product-Specific Patents. If such division or continuation is practicable, then the Parties shall, in good faith, coordinate filings as appropriate on the same day.
