Common use of Jointly Invented Research Program Patent Rights and Joint Patent Rights Clause in Contracts

Jointly Invented Research Program Patent Rights and Joint Patent Rights. If Pfizer at any time declines to continue prosecution or maintenance of the patents and applications in a particular country for any jointly invented Research Program Patent Rights and Joint Patent Right, Pfizer shall provide Spark with at least [**] days prior written notice to such effect, and Pfizer shall have no responsibility with respect to the prosecution or maintenance of the applicable Patent Right and no responsibility for any expenses incurred in connection with such Patent Right after the end of such [**] day period. If Spark gives written notice to Pfizer before the end of such [**] day period that Spark elects to continue prosecution or maintenance, Pfizer, upon Spark’s request, shall make reasonable efforts to timely execute such documents and perform such acts, at Spark’s expense, as may be reasonably necessary to permit Spark to prosecute and maintain such Patent Right at its sole expense, and Spark shall keep Pfizer advised on the status of the prosecution and maintenance of all such Patent Rights [**] and at other times as reasonably requested by Pfizer; provided, however, that the use of any Pfizer Confidential Information in connection with Spark’s prosecution and maintenance shall be subject to Pfizer consent, not to be unreasonably withheld. If Spark does not give written notice to Pfizer before the end of such [**] day period that Spark elects to continue prosecution or maintenance of such Patent Right, Pfizer shall be entitled to allow such Patent Right to lapse.

Appears in 3 contracts

Sources: License Agreement, License Agreement (Spark Therapeutics, Inc.), License Agreement (Spark Therapeutics, Inc.)