Common use of Separation of Patent Rights Clause in Contracts

Separation of Patent Rights. In order to more efficiently enable the prosecution and maintenance of the Nektar Study Patent Rights, BioXcel Study Patent Rights and Combined Therapy Patent Rights relating to Collaboration Inventions as described above, the Parties will use good faith efforts to separate Nektar Study Patent Rights, BioXcel Study Patent Rights, Combined Therapy Patent Rights, Nektar Independent Patent Rights and BioXcel Independent Patent Rights into separate patent filings to the extent possible and without adversely impacting such prosecution and maintenance. Nektar shall have the right to disclose to BMS, subject to the confidentiality provisions of the SCA governing disclosures of Nektar confidential information to BMS, applications for Patents, amendments thereto and other related correspondence to and from Patent offices contemplated by this subsection (d) to the extent necessary to comply with Nektar’s obligations under the SCA, provided that Nektar shall not disclose any confidential information of the CPI Compound supplier in connection therewith (to be clear, nothing in the foregoing proviso shall prohibit Nektar from disclosing the Combined Therapy Study Data to BMS on the terms provided herein); and provided further, that Nektar remains liable to BioXcel for any breach by BMS of such confidentiality provisions.