Common use of Prosecution and Maintenance of Foreign Patents Clause in Contracts

Prosecution and Maintenance of Foreign Patents. Should INHIBITEX select a country in which to file corresponding foreign patent applications(s) and subsequently elects not to continue to reimburse the SYSTEM for its diligent prosecution and maintenance of such foreign patent(s) or patent application(s), it shall so notify the SYSTEM at least three (3) months prior to taking (or not taking) any action which would result in abandonment, withdrawal or lapse of such foreign patent(s) or application(s). The SYSTEM shall then have the right to continue maintenance of prosecution of such foreign patent(s) or application(s) at its own expense. However, expenses incurred prior to the point of INHIBITEX taking (or not taking) such action shall remain the responsibility of LICENSEE and such foreign patent(s) or applications(s) shall be excluded from PATENT RIGHTS.

Prosecution and Maintenance of Foreign Patents. Should INHIBITEX LICENSEE select a country in which to file corresponding foreign patent applications(s) application(s), and subsequently elects not to continue to reimburse the SYSTEM for its the diligent prosecution and maintenance of such foreign patent(s) or patent application(s), it shall so notify the SYSTEM at least three (3) months prior to taking (or not taking) any action which would result in abandonment, withdrawal withdrawal, or lapse of such foreign patent(s) patents or application(s)applications. The SYSTEM shall then have the right to continue maintenance of or prosecution of such foreign patent(s) patent or application(s) application at its own expense. However, expenses incurred prior to the point of INHIBITEX LICENSEE taking (or not taking) such action shall remain the responsibility of LICENSEE and such foreign patent(s) or applications(s) shall be excluded from PATENT RIGHTSLICENSEE.

Prosecution and Maintenance of Foreign Patents. Should INHIBITEX select a country in which to file corresponding foreign patent applications(sapplication(s) and subsequently elects not to continue to reimburse the SYSTEM for its diligent prosecution prosecute and maintenance of maintain such foreign patent(s) or patent application(s), it shall so notify the SYSTEM at least three (3) months prior to taking (or not taking) any action which would result in abandonment, withdrawal or lapse of such foreign patent(s) or application(s). The SYSTEM shall then have the right to continue maintenance of prosecution of such foreign patent(s) or application(s) at its own expense. However, expenses incurred prior to the point of INHIBITEX taking (or not taking) such action shall remain the responsibility of LICENSEE INHIBITEX and such foreign patent(s) or applications(sapplication(s) shall be excluded from PATENT RIGHTS.