Common use of Foreign Patent Applications Clause in Contracts

Foreign Patent Applications. At its sole discretion and expense, INHIBITEX may authorize SYSTEM to file and prosecute foreign patent applications corresponding to U.S. patent applications filed pursuant to paragraph 5.01. (a) Election not to file. INHIBITEX will inform SYSTEM no later than nine (9) months following the date of filing of such U.S. applications as to its selection of foreign countries in which it desires SYSTEM to seek corresponding patent protection. The SYSTEM shall then have the right to file corresponding foreign patent applications at its own expense in those foreign countries not selected by INHIBITEX. However, such applications filed at SYSTEM's expense shall be excluded from PATENT RIGHTS.

Foreign Patent Applications. At its sole discretion and expenseWith the cooperation of SYSTEM, INHIBITEX may authorize SYSTEM to shall file and prosecute prosecute, in the name of SYSTEM, foreign patent applications corresponding to U.S. patent applications filed pursuant to paragraph 5.01. (a) Election not to file. INHIBITEX will inform SYSTEM no later less than nine three (93) months following before all foreign filing deadlines [including the date one year anniversary of each application filed in the U.S., as well as the national stage filing deadline of such U.S. applications each application filed through the Patent Cooperation Treaty (PCT)] as to its selection of foreign countries in which it desires SYSTEM to will seek corresponding patent protection. The SYSTEM shall then have the right to file corresponding foreign patent applications at its own expense in those foreign countries not selected by INHIBITEX. However, such applications filed funded at SYSTEM's expense shall be excluded from PATENT RIGHTS.