Common use of Filing and Prosecution of Patents Clause in Contracts

Filing and Prosecution of Patents. 4.2.1. Each Party shall timely inform the other in writing of any improvement or development made by such Party relating, respectively, to the Elan Intellectual Property, the Sheffield Intellectual Property, and/or the Newco Intellectual Property so that any patent protection that may be available for any such improvement or development is not compromised. 4.2.2. Newco shall prepare, prosecute and maintain all patents applications and issued patents relating to the inventions, improvements and other intellectual property set forth in paragraphs (ii), (iii), (iv) and (vi) in Article 7.1. With respect to such preparation, prosecution and maintenance activities, Newco shall timely inform Sheffield of the status of such activity if such inventions have application in the Topical Pulmonary Field. In the event Newco shall decide not to seek patent protection for any such intellectual property, Elan shall have the option to take control of such prosecution. In the event that Elan shall determine, in good faith, that any patents applications and issued patents relating to the inventions, improvements and other intellectual property set forth in paragraphs (ii), (iii), (iv) and (vi) in Article 7.1 predominantly relates to an area other than the Field, Elan shall have the option to take control of the preparation, prosecution and maintenance of patent protection directed to such intellectual property. In the event that Elan does not exercise such right, Newco shall have the option to take responsibility for the preparation, prosecution and maintenance of patent protection directed to such intellectual property. 4.2.3. Sheffield shall prepare, prosecute and maintain all patents applications and issued patents relating to paragraph (v) in section 7.1 with respect to such preparation, prosecution and maintenance activities.

Filing and Prosecution of Patents. 4.2.1. 7.2.1 Each Party shall timely inform the other in writing of any improvement or development made by such Party relating, respectively, to the Elan Intellectual PropertyELAN INTELLECTUAL PROPERTY, the Sheffield Intellectual PropertySHEFFIELD INTELLECTUAL PROPERTY, and/or the Newco Intellectual Property NEWCO INTELLECTUAL PROPERTY so that any patent protection that may be available for any such improvement or development is not compromised. 4.2.2. Newco 7.2.2 NEWCO shall prepare, prosecute and maintain all patents applications and issued patents relating to the inventions, improvements and other intellectual property set forth in paragraphs (ii), (iii), (iv) and (vi) in Article 7.1. With respect to such preparation, prosecution and maintenance activities, Newco NEWCO shall timely apprise ELAN of the status of any such activity and shall inform Sheffield SHEFFIELD of the status of such activity if such inventions have application in the Topical Pulmonary FieldTOPICAL PULMONARY FIELD. In the event Newco NEWCO shall decide not to seek patent protection for any such intellectual property, Elan ELAN shall have the option to take control of such prosecution. In the event that Elan ELAN shall determine, in good faith, that any patents applications and issued patents relating to the inventions, improvements and other intellectual property set forth in paragraphs (ii), (iii), (iv) and (vi) in Article 7.1 predominantly relates to an area other than the FieldFIELDS, Elan ELAN shall have the option to take control of the preparation, prosecution and maintenance of patent protection directed to such intellectual property. In the event that Elan ELAN does not exercise such right, Newco NEWCO shall have the option to take responsibility for the preparation, prosecution and maintenance of patent protection directed to such intellectual property. 4.2.3. Sheffield shall prepare, prosecute and maintain all patents applications and issued patents relating to paragraph (v) in section 7.1 with respect to such preparation, prosecution and maintenance activities.

Filing and Prosecution of Patents. 4.2.17.2.1. Each Party shall timely inform the other in writing of any improvement or development made by such Party relating, respectively, to the Elan Intellectual Property, the Sheffield Intellectual Property, and/or the Newco Intellectual Property so that any patent protection that may be available for any such improvement or development is not compromised. 4.2.27.2.2. Newco shall prepare, prosecute and maintain all patents applications and issued patents relating to the inventions, improvements and other intellectual property set forth in paragraphs (ii), (iii), (ivvi) and (vi) in Articlesection 7. 7.11. With respect to such preparation, prosecution and maintenance activities, Newco shall timely apprise Sheffield and Elan of the status of any such activity and shall inform Sheffield and Elan of the status of such activity if such inventions have application in the Topical Pulmonary Field. In the event Newco shall decide not to seek patent protection for any such intellectual propertyNewco Intellectual Property or Sheffield Intellectual Property, Elan shall have the option to take control of such prosecution. In the event that Elan shall determine, in good faith, that any patents applications and issued patents relating to the inventions, improvements and other intellectual property set forth in paragraphs (ii), (iii), (ivvi) and (vi) in Article 7.1 section 7.1. predominantly relates to an area other than the Field, Elan shall have the option to take control of the preparation, prosecution and maintenance of patent protection directed to such intellectual property. In the event that Elan does not exercise such right, Newco shall have the option to take responsibility for the preparation, prosecution and maintenance of patent protection directed to such intellectual propertyJoint Patent Rights. 4.2.37.2.3. Sheffield shall prepare, prosecute and maintain all patents applications and issued patents relating to paragraph (v) in section 7.1 with respect to such preparation, prosecution and maintenance activities.