Common use of Cooperation in Prosecution Clause in Contracts

Cooperation in Prosecution. (a) With respect to any PATENT RIGHTS, each patent application, office action, response to office action, request for terminal disclaimer, petition, and request for reissue or reexamination of any patent issuing from such application shall be provided to CELGENE sufficiently prior to the filing of such application, response, petition, or request to allow for review and comment by CELGENE. ENTREMED shall have the right to take any action that, in its judgement, is necessary to preserve such PATENT RIGHTS. (b) Within a reasonable time from the EFFECTIVE DATE, CELGENE and ENTREMED will discuss each party's patent portfolio with regard to PRODUCTS, in accordance with prior obligations of confidentiality owed by each party to any THIRD PARTY, and will use reasonable efforts to coordinate their respective patent portfolio, to the extent possible, so as to maximize the patent protection for PRODUCTS.