Common use of PROSECUTION OF PATENT APPLICATIONS AND MAINTENANCE OF PATENTS Clause in Contracts

PROSECUTION OF PATENT APPLICATIONS AND MAINTENANCE OF PATENTS. 4.2.1 Penn agrees to provide promptly to Apollon a complete written disclosure of any invention reasonably considered patentable. Apollon agrees to advise Penn, no later than 30 days after receipt of such disclosure, whether it requests Penn to file and prosecute a patent application related to such invention. If Apollon does not request Penn to file and prosecute a patent, Penn may proceed with such preparation and prosecution at its own cost and expense. 4.2.2 Penn shall be responsible for and shall control the preparation, filing, and prosecution of all patent applications and the maintenance of all patents related to Penn Intellectual Property. Apollon shall have full rights of consultation in this process. Penn and Apollon shall be mutually responsible for and shall control the preparation, filing, and prosecution of all patent applications and the maintenance of all patents related to Joint Intellectual Property. Penn and Apollon shall consult with each other fully in this process. Apollon agrees to reimburse Penn for all documented expenses (including legal fees, filing and maintenance fees or other governmental charges) incurred in connection with the filing and prosecution of the patent applications and maintenance of the patents that Apollon has requested Penn to prosecute under this Section 4.2. Such reimbursement will be fully creditable against future royalties due Penn under any future license agreement for such patent. 4.2.3 Apollon and Penn shall mutually determine the countries where the patent applications will be filed and prosecuted, and where the patents will be maintained. If Apollon declines to reimburse Penn for the filing, prosecution and maintenance costs in any jurisdiction, Penn may pay such costs, but such patents shall be excluded from Apollon's option under Article 5 hereof. 4.2.4 Each party agrees to cooperate with the other party to execute all lawful papers and instruments and to make all rightful oaths and declarations as may be necessary in the preparation and prosecution of all patents applications and other application referred to in this Article 4.

PROSECUTION OF PATENT APPLICATIONS AND MAINTENANCE OF PATENTS. 4.2.1 Penn ▇▇▇▇ agrees to provide promptly to Apollon ▇▇▇▇▇▇▇ a complete written disclosure of any invention reasonably considered patentablepatentable disclosed by Principal Investigator under this Agreement. Apollon ▇▇▇▇▇▇▇ agrees to advise Penn, no later than 30 days after receipt of such disclosure, whether it requests Penn to file and prosecute a patent application related to such invention. If Apollon ▇▇▇▇▇▇▇ does not request Penn to file and prosecute a patent, Penn may proceed with such preparation and prosecution at its own cost and expense. 4.2.2 Penn shall be responsible for and shall control the preparation, filing, and prosecution of all patent applications and the maintenance of all patents related to Penn Intellectual Property. Apollon ▇▇▇▇▇▇▇ shall have full rights of consultation in this process. Penn and Apollon ▇▇▇▇▇▇▇ shall be mutually responsible for and shall control the preparation, filing, and prosecution of all patent applications and the maintenance of all patents related to Joint Intellectual Property. Penn and Apollon ▇▇▇▇▇▇▇ shall consult with each other fully in this process. Apollon ▇▇▇▇▇▇▇ agrees to reimburse Penn for all documented expenses (including legal fees, filing and maintenance fees or other governmental charges) incurred in connection with the filing and prosecution of the patent applications and maintenance of the patents that Apollon ▇▇▇▇▇▇▇ has requested Penn to prosecute under this Section 4.2. Such reimbursement will be fully creditable against future royalties due Penn under any future license agreement for such patent. 4.2.3 Apollon and Penn shall mutually determine the countries where the patent applications will be filed and prosecuted, and where the patents will be maintained. If Apollon ▇▇▇▇▇▇▇ declines to reimburse Penn for the filing, prosecution and maintenance costs in any jurisdiction, Penn may pay such costs, but such patents shall be excluded from Apollon's option under Article 5 hereof. 4.2.4 Each party agrees to cooperate with the other party to execute all lawful papers and instruments and to make all rightful oaths and declarations as may be necessary in the preparation and prosecution of all patents patent applications and other application applications referred to in this Article 4.