Notification of Patent Term Restoration. Transcend shall notify BI of (a) the issuance of each patent included within the Transcend Patent Rights and the Program Patent Rights, giving the date of issue and patent number for each such patent, and (b) each notice pertaining to any patent included within the Transcend Patent Rights and the Program Patent Rights which it receives as patent term restorations. The Parties shall cooperate with each other in applying for patent term extensions (including Supplementary Protection Certificates in European Community Countries and administrative/pipeline protection) where applicable in any country. Transcend shall also notify BI of each application filed for patent term extension, any allegations of failure to show due diligence and all awards of patent term extensions with respect to the Transcend Patent Rights and the Program Patent Rights. Such notices shall be given promptly, but in any event within ten (10) business days after receipt of each such notice pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (the "Act") (or comparable laws or regulations in countries other than the United States). Transcend shall notify BI of each filing for patent term restoration under the Act (or comparable laws or regulations in countries other than the United States), any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Transcend Patent Rights and the Program Patents Rights.
Appears in 2 contracts
Samples: Development and License Agreement (Transcend Therapeutics Inc), Development and License Agreement (Transcend Therapeutics Inc)
Notification of Patent Term Restoration. Transcend shall notify BI *** of (ai) the issuance of each patent included within the Transcend Patent Rights and the Program TKT Patent Rights, giving the date of issue and patent number for each such patent, and (bii) each notice pertaining to any patent included within the Transcend Patent Rights and the Program TKT Patent Rights which it receives as patent term restorationsowner pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "Act"), or other similar laws now or hereafter in effect, or pursuant to comparable laws or regulations in other countries in the MMD Territory. The Parties parties shall cooperate with each other in applying for patent term extensions (including Supplementary Protection Certificates in European Community Countries and administrative/pipeline protectionCountries) where applicable in any countrycountry of the MMD Territory. Transcend *** shall also notify BI *** of each application filed for patent term extension, any allegations of failure to show due diligence and all awards of patent term extensions with respect to the Transcend Patent Rights and the Program TKT Patent Rights. Such notices shall be given promptly, but in any event within ten (10) business days after receipt of each such notice pursuant to CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS. the Drug Price Competition and Patent Term Restoration Act of 1984 (the "Act") (or comparable laws or regulations in other countries other than in the United StatesMMD Territory). Transcend *** shall notify BI *** of each filing for patent term restoration under the Act (or comparable laws or regulations in other countries other than in the United StatesMMD Territory), any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Transcend TKT Patent Rights and the Program Patents Rights.
Appears in 2 contracts
Samples: License Agreement (Transkaryotic Therapies Inc), License Agreement (Transkaryotic Therapies Inc)
Notification of Patent Term Restoration. Transcend TKT shall notify BI Aventis of (ai) the issuance of each patent included within the Transcend Patent Rights and the Program TKT Patent Rights, giving the date of issue and patent number for each such patent, and (bii) each notice pertaining to any patent included within the Transcend Patent Rights and the Program TKT Patent Rights which it receives as patent term restorationsowner pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (hereinafter called the "Act"), or other similar laws now or hereafter in effect, or pursuant to comparable laws or regulations in other countries in the Aventis Territory. The Parties parties shall cooperate with each other in applying for patent term extensions (including Supplementary Protection Certificates in European Community Countries and administrative/pipeline protectionCountries) where applicable in any countrycountry of the Aventis territory. Transcend TKT shall also notify BI Aventis of each application filed for patent term extension, any allegations of failure to show due diligence and all awards of patent term extensions with respect to the Transcend Patent Rights and the Program TKT Patent Rights. Such notices shall be given promptly, but in any event within ten (10) business days after receipt of each such notice pursuant to the Drug Price Competition and Patent Term Restoration Act of 1984 (the "Act") (or comparable laws or regulations in other countries other than in the United StatesAventis Territory). Transcend TKT shall notify BI Aventis of each filing for patent term restoration under the Act (or comparable laws or regulations in other countries other than in the United StatesAventis Territory), any allegations of failure to show due diligence and all awards of patent term restoration (extensions) with respect to the Transcend TKT Patent Rights and the Program Patents Rights.
Appears in 1 contract