Common use of PATENT PROSECUTION AND LITIGATION Clause in Contracts

PATENT PROSECUTION AND LITIGATION. 7.01. All reasonable costs, incurred prior to and after the Effective Date of this Agreement relating to Patent Rights, including all costs incurred by TJU relating to the preparation, filing and prosecution, issuance, reissuance, reexamination, interference and maintenance shall be reimbursed by INTRACEL. TJU shall endeavor to insure that all patent applications, office actions, and responses to office actions concerning such Patent Rights shall be provided to INTRACEL. TJU shall endeavor not to irrevocably alter the scope of patent coverage within such Patent Rights without prior review by INTRACEL; any such modification shall not, however, require the approval of INTRACEL and INTRACEL shall not control the prosecution of the Patent Rights. In the event INTRACEL wishes to relieve itself of any obligation to pay for the future reasonable expenses of preparation, filing, prosecution, issuance, reissuance, reexamination, interference or maintenance of any Patent Rights submitted to INTRACEL by TJU under this paragraph, it may provide TJU with one-hundred and twenty (120) days notice of such decision, whereupon TJU may assume such costs and thereafter those Patent Rights for which INTRACEL elects not to cover patent costs shall be the sole property of TJU and not be subject to the right and licenses provided for in ARTICLE II. INTRACEL shall be responsible for all 7 -7- reasonable expenses incurred prior to, or as a result of irrevocable action taken prior to, the effective date of such decision.