Common use of PATENT PROSECUTION FOR EXISTING PATENT RIGHTS Clause in Contracts

PATENT PROSECUTION FOR EXISTING PATENT RIGHTS. Subject only to ---------------------------------------------- the assignments between Owner and Colthurst, Owner shall have the exclusive right and obl▇▇▇▇▇▇▇ ▇o prepare, file, prosecute and maintain all patent applications and patents relating to the Products, Licensed Processes, Know-How, Background Technology or Improvements. New patent applications (to be paid for by Licensee) shall be filed in such countries as shall be mutually agreed upon in good faith by Colthurst and Holmedco; Licensor and Owner shall be fre▇ ▇▇ ▇▇▇▇ patent applications and prosecute patents in countries not agreed to with Licensee at Licensor's or Owner's sole expense (it being understood by the Parties that the rights arising therefrom shall be considered Patent Rights under this Agreement). In determining where and when new patent applications shall be filed, Colthurst and Holmedco shall consider (i) the size and ▇▇▇▇▇▇▇▇▇lity to Holmedco of market segments that will be covered by the Patent Rights in a particular country, (ii) the degree to which such protection sufficiently precludes Holmedco's competitors from making, using or selling a product similar to the Product to be covered by the Patent Rights in such country, (iii) Holmedco's international plans for marketing and distributing the Product, and (iv) the general commercial standards in the pharmaceutical industry for determining in which countries to seek patent protection. Colthurst agrees to keep Holmedco fully informed at all ▇▇▇▇▇▇ ▇f the patent application process and, if reasonably requested by Holmedco, to withdraw or cease prosecuting a patent application in a particular country unless Licensor or Owner is willing to continue such patent prosecution at its sole expense. If Licensor has not, within ninety (90) days after the written request of Holmedco, prepared and filed a patent application in a country where Colthurst and Holmedco have agreed that an application shall ▇▇ ▇▇▇▇▇, then Holmedco shall be entitled to prepare, file, prosecute and maintain such patent applications and patents and Licensor and Owner shall cooperate fully with Holmedco in connection therewith and execute all necessary documents. Holmedco shall provide reasonable assistance to Owner to facilitate the filing and maintenance of all such patent applications and patents, and shall execute all documents which Owner deems necessary or desirable therefore. Without prejudice to the above, all applications for patents shall be drafted by a patent attorney nominated by Holmedco. Prior to lodgment all patent applications shall be subject to review by patent agents nominated by Colthurst. The reasonable expenses of the agents shall ▇▇ ▇▇▇▇▇▇rged by the Licensee.

PATENT PROSECUTION FOR EXISTING PATENT RIGHTS. Subject only to ---------------------------------------------- --------------------------------------------- the assignments between Owner and ColthurstEdenland, Owner shall have the exclusive right and obl▇▇▇▇▇▇▇ ▇o obligation to prepare, file, prosecute and maintain all patent applications and patents relating to the Products, Licensed Processes, Know-How, Background Technology or Improvements. New patent applications (to be paid for by Licensee) shall be filed in such countries as shall be mutually agreed upon in good faith by Colthurst Edenland and Holmedco; Licensor and Owner shall be fre▇ ▇▇ ▇▇▇▇ free to file patent applications and prosecute patents in countries not agreed to with Licensee at Licensor's or Owner's sole expense (it being understood by the Parties that the rights arising therefrom shall be considered Patent Rights under this Agreement). In determining where and when new patent applications shall be filed, Colthurst Edenland and Holmedco shall consider (i) the size and ▇▇▇▇▇▇▇▇▇lity profitability to Holmedco of market segments that will be covered by the Patent Rights in a particular country, (ii) the degree to which such protection sufficiently precludes Holmedco's competitors from making, using or selling a product similar to the Product to be covered by the Patent Rights in such country, (iii) Holmedco's international plans for marketing and distributing the Product, and (iv) the general commercial standards in the pharmaceutical industry for determining in which countries to seek patent protection. Colthurst Edenland agrees to keep Holmedco fully informed at all ▇▇▇▇▇▇ ▇f levels of the patent application process and, if reasonably requested by Holmedco, to withdraw or cease prosecuting a patent application in a particular country unless Licensor or Owner is willing to continue such patent prosecution at its sole expense. If Licensor has not, within ninety (90) days after the written request of Holmedco, prepared and filed a patent application in a country where Colthurst Edenland and Holmedco have agreed that an application shall ▇▇ ▇▇▇▇▇be filed, then Holmedco shall be entitled to prepare, file, prosecute and maintain such patent applications and patents and Licensor and Owner shall cooperate fully with Holmedco in connection therewith and execute all necessary documents. Holmedco shall provide reasonable assistance to Owner to facilitate the filing and maintenance of all such patent applications and patents, and shall execute all documents which Owner deems necessary or desirable therefore. Without prejudice to the above, all applications for patents shall be drafted by a patent attorney nominated by Holmedco. Prior to lodgment all patent applications shall be subject to review by patent agents nominated by ColthurstEdenland. The reasonable expenses of the agents patent agents, as well as patent renewal and other maintenance fees, shall ▇▇ ▇▇▇▇▇▇rged be discharged by the Licensee.