Common use of Specific Patents Clause in Contracts

Specific Patents. For any Subject Patent having a specification that could reasonably support and enable a composition-of-matter claim or a method-of-use claim in each case Covering only the Lead Candidate or a particular Licensed Product, the following will apply: to the extent practicable, upon Clovis’s reasonable written request and provided that ▇▇▇▇▇ reasonably agrees with Clovis that the following Prosecution and Maintenance activities would not materially harm any other ▇▇▇▇▇ Patents or other Patents owned by ▇▇▇▇▇ or any of its Affiliates, the Parties will file a U.S. continuation, continuation-in-part or divisional of such Subject Patent application seeking issuance of such composition-of-matter or method-of-use claim scope (and no other claim scope) (each such Subject Patent, a “Specific Patent”). Each such Specific Patent will remain a “Subject Patent” hereunder, so that this Agreement will continue to apply thereto, provided that the Parties will jointly control the Prosecution and Maintenance thereof using patent counsel selected by ▇▇▇▇▇, and Clovis will be solely responsible for the payment of all related Patent Costs. Neither Party may take any action with respect to the Prosecution or Maintenance of any Specific Patent without the consent of the other Party, such consent not to be unreasonably withheld or delayed. If and at such time as Clovis no longer has an exclusive license to all of the claim scope of any such Specific Patent, then any such Specific Patent will no longer be treated as such hereunder (although it may remain a Subject Patent). Clovis acknowledges and agrees that ▇▇▇▇▇ may ▇▇▇▇▇ substantially similar rights to other exclusive Third Party licensees under any Subject Patents.