Common use of PATENT PROSECUTION AND LITIGATION Clause in Contracts

PATENT PROSECUTION AND LITIGATION. 9.01 Subject to Section 2.08 and 2.09 above, PTL shall be responsible for the filing, prosecution and maintenance of PATENTS at its own expense. PTL shall disclose to SB the complete texts of all patents and patent applications filed and/or controlled by PTL which relate to PRODUCT as well as all information received concerning the institution or possible institution of any interference, opposition, re-examination, reissue, revocation, nullification or any official proceeding involving a PATENT anywhere in the TERRITORY. SB shall have the right to review all such pending applications and other proceedings and make recommendations to PTL concerning them and their conduct and PTL shall take any such SB comment and recommendation into consideration. PTL agrees to keep SB promptly and fully informed of the course of patent prosecution or other proceedings including the provision to SB of copies of substantive communications, search reports and THIRD PARTY observations submitted to or received from patent offices throughout the TERRITORY. PTL shall provide such patent consultation to SB at no cost to SB. SB shall hold all information disclosed to it under this section as confidential subject to the provisions of Sections 8.04 and 8.05.