Common use of Joint Research Program Clause in Contracts

Joint Research Program. (i) AVEO shall have the first right, at AVEO’s discretion, to file, conduct prosecution, and maintain (including the defense of any interference or opposition proceedings), all Joint Research Program Patent Rights, in the names of both AVEO and COBI, at AVEO’s expense. COBI shall use Commercially Reasonable Efforts to make available to AVEO or its authorized attorneys, agents or representatives, such of its employees as AVEO, in its reasonable judgment, deems necessary in order to assist AVEO in obtaining patent protection for such Joint Research Program Patent Rights. Each Party shall sign, or use Commercially Reasonable Efforts to have signed, all legal documents necessary to file and prosecute patent applications or to obtain or maintain patents in respect of such Joint Research Program Patent Rights, at its own cost. (ii) If AVEO elects not to seek or continue to seek or maintain patent protection on any Joint Research Program Know-how in the Territory under clause (i), COBI shall have the right, at COBI’s discretion, to seek, prosecute and maintain in the relevant country in the Territory patent protection on such Joint Research Program Know-how in the names of both AVEO and COBI, at COBI’s expense. AVEO shall use Commercially Reasonable Efforts to make available to COBI its authorized attorneys, agents or representatives, such of AVEO’s employees as are reasonably necessary to assist COBI in obtaining and maintaining the patent protection described under this Section 5.3(c)(ii). AVEO shall sign or use Commercially Reasonable Efforts to have signed all legal documents necessary for COBI to file and prosecute such patent applications or to obtain or maintain (including the defense of any interferences or opposition proceeding) such patents, as requested by COBI and at AVEO’s cost. (iii) With respect to Joint Research Program Patent Rights, the Party filing, prosecuting and maintaining such Patent Rights shall provide the other Party, within [**] Business Days after submitting or receiving official correspondence, with copies of all such official correspondence submitted to or received from patent offices, courts or other administrative bodies in the Territory. With respect to substantive filings and correspondence in the Territory, the Party filing, prosecuting, and maintaining such Joint Research Program Patent Rights shall use reasonable efforts to provide the other Party with drafts of such filings and correspondence reasonably in advance of submission and shall consider in good faith any comments regarding such filings and correspondence that the other Party may timely provide.