Common use of Foreign Patent Applications Clause in Contracts

Foreign Patent Applications. At its sole discretion and expense, LICENSEE may authorize SYSTEM to file and prosecute foreign patent applications corresponding to the above-referenced U. S. application(s). (a) Election not to file. LICENSEE will inform SYSTEM no later than nine (9) months following the date of filing for each U. S. Patent Application as to its selection of foreign countries in which it intends to seek corresponding patent protection for the PATENT RIGHTS. In the event that LICENSEE elects for SYSTEM to file an application under the Patent Cooperation Treaty, LICENSEE shall provide notice as to the countries in which national stage filings are to be selected no less than two (2) months prior to the deadline for such national stage filings. SYSTEM shall then have the right to file corresponding foreign patent applications at its own expense in those foreign countries not selected by LICENSEE, and such filings shall be excluded from PATENT RIGHTS.