Common use of Jointly-Owned Patents Related to Fields Clause in Contracts

Jointly-Owned Patents Related to Fields. Except as provided in Section 10.5.2 (a), TDCC shall have the first right, in its discretion and at its sole expense, to prepare, file, prosecute and maintain, in consultation with Symyx, patent applications and patents relating to Joint Inventions within the Program Technology in the Fields or pursuant to Section 4.1.2 that (i) relate to the use of Agreement Compounds to make Products in one or more of such Fields or pursuant to Section 4.1.2, or (ii) relate to Products in (or used in) one or more such Fields or pursuant to Section 4.1.2 or (iii) relate to processes for making Products in one or more such Fields or pursuant to Section 4.1.2, in each case that are jointly-owned by TDCC and Symyx, and to conduct any interferences, re-examinations, reissues, oppositions or requests for patent term extension or governmental equivalents thereto. In the event that TDCC does not file, prosecute or maintain, or conduct such other activities described above, with respect to any such patent or patent application that claims the composition or method of use of any Agreement Compound in the Field or pursuant to Section 4.1.2, Symyx will have the right, in its discretion, to assume such activities at its own expense.