Common use of Patent Prosecutions Clause in Contracts

Patent Prosecutions. Rochester agrees to keep Vaccinex fully informed of any and all patent prosecution and other actions with respect to the Subject Technology including sending to Vaccinex copies of all correspondence with patent offices and local associates, submitting to Vaccinex copies of all draft responses to Office Actions and other substantive filings in sufficient time prior to filing to provide Vaccinex with adequate time to review and comment on such matters; provided, however, that Vaccinex shall be responsible for any of its expenses including attorney’s fees that Vaccinex incurs in reviewing and commenting on the information received from Rochester. Rochester shall consult with Vaccinex regarding any material actions concerning the Patent Rights and shall use all reasonable efforts to amend any patent applications to add claims reasonably requested by Vaccinex. If Rochester decides to abandon or allow to lapse any patent or patent application within the Patent Rights in any country, Rochester will inform Vaccinex in a timely manner and Vaccinex shall have the right to prosecute or maintain any such patent or patent application at its expense. Rochester will use patent counsel for all patent matters that is acceptable to Vaccinex.