Patent Extension. Licensee shall, within three (3) days of the triggering event, notify Mount Sinai of any Regulatory Approval for any Licensed Product for which an application for Patent term extension may be based, including with respect to any Third Party product, or any other event in any Jurisdiction that would enable Mount Sinai or Licensee as appropriate to apply for Patent term extension or other regulatory or marketing exclusivity or extension thereof in any Jurisdiction. The Parties agree to cooperate fully with each other to provide any information or documentation necessary to support an application for Patent term extension or other regulatory or marketing exclusivity.
Patent Extension. Upon request by Licensee, MTI shall reasonably cooperate (including by filing any applications), at MTI’s expense, to extend the term of any patent within the MTI Patents or MTI Owned Improvement Patents in the Territory. In the event that this Agreement is terminated, Licensee shall co-operate with MTI, to the extent available under applicable law in the Territory, to withdraw any applications, registrations or other filings made to extend the term of any patent within the MTI Patents or MTI Owned Improvement Patents in the Territory within [***] of such termination.
Patent Extension. The Parties shall cooperate in determining which Patent claiming or covering a Compound or Product should be extended, and thereafter the Parties shall cooperate in obtaining patent term restorations, supplemental protection certificates or their equivalents, and other forms of patent term extensions for a given Compound or Product with respect to any applicable Avidity Patent, Lilly Patent, or Program Patent in any country or region where applicable. [* * *] shall have final decision making authority with respect to decisions regarding patent term extension with respect to Product-Specific Patents, Lilly Patents and Program Patents.
Patent Extension. With respect to any issued patent in the Intellectual Property, Licensor will designate Licensees as its agent for obtaining an extension of such patent or governmental equivalent which extends the exclusivity of any of the patent subject matter where available in any country in the world, or if not feasible, at Licensees’ option, permit Licensees to file in Licensor’s name or diligently obtain such extension for the Licensees, or their Sublicensees at Licensees’ expense. Licensor agrees to provide reasonable assistance, at no out-of-pocket expense, to facilitate Licensees’ efforts to obtain any extension. If for any reason the Licensees fail to exercise diligent efforts to obtain any extension or determine that it will not seek such extension, the Licensees shall provide reasonable assistance, at no out-of-pocket expense, to facilitate Licensor’s efforts to obtain any such extension.
Patent Extension. As part of the parties’ activities under Section 6.2, they may decide to seek extensions of the Licensed Patent Rights when available under applicable laws and regulations that allow for such extensions, including without limitation extensions provided under U.S. law at 35 U.S.C. §§154(b), 155A, and 156. If Licensor is reasonably entitled to an extension of an issued patent within the Licensed Patent Rights for a Licensed Product or Licensed Service in accordance with applicable law, but Licensee does not wish to have the Licensor seek an extension for that particular patent because Licensee desires to seek an extension for a different patent, then Licensee shall nonetheless make payments to Licensor under the Agreement in the same manner as if Licensor had obtained the extension for the Licensed Patent Right selected by Licensor. Notwithstanding the foregoing, in the event there is more than one licensee under the particular Licensed Patent Right in a given country and it is not possible to obtain an extension of such Licensed Patent Rights for all such licensees (including Licensee), then Licensor shall have the right to control in its sole discretion the seeking of any such extension.
Patent Extension. The Parties shall cooperate in determining whether a Joint Patent claiming or covering a Licensed Product should be extended, and thereafter the Parties shall cooperate in obtaining patent term restorations, supplemental protection certificates or their equivalents, and other forms of patent term extensions for a given Licensed Product with respect to any applicable Joint Patent in any country or region where applicable. Precision shall have final decision-making authority with respect to decisions regarding patent term extensions for Precision Patents. TGTX shall have final decision-making authority with respect to decisions regarding patent term extensions for TGTX Patents.
Patent Extension. Notwithstanding Exclusion 4.20 (Patent), the Underwriters will indemnify the Insured for the Damages and Defence Costs resulting from any Claim for compensation from unintentional infringement of a third-party registered patent, provided that this coverage is subject to a Sublimit of Liability of $1,000,000 unless otherwise specified in Item 5 of the Schedule.
Patent Extension. Advaxis shall have the sole right to determine which Patents claiming, covering, or that is directed to a given Licensed Product, should be extended, and thereafter the parties shall cooperate in obtaining patent term restorations, supplemental protection certificates and/or their equivalents, and other forms of patent term extensions for a given Licensed Product with respect to any applicable such Patent in any country or region where applicable; provided that OST shall not have the right to seek any such restoration, supplemental protection certificate or other extension of any Advaxis Other Patent without Advaxis’s prior written consent.
Patent Extension. Upon a Party’s request and at Licensee’s pro rata expense CARDIFF shall apply to the patent office of a given country to have the normal term of any Licensed Patent extended or restored under a country’s procedure for extending a patent term where such extension relates to duration of patent prosecution of such patent application. Licensee shall assist CARDIFF in its efforts to obtain such extension. If extended, Licensee shall be obligated to make all payments due under this Agreement through the end of the extended patent term. If after written notice Licensee affirmatively elects not to extend, CARDIFF may at its own expense obtain such extension, and the license to the non-elected extended Licensed Patent under this Agreement will expire upon expiration of the natural patent term. No other type of extension of the term of patent rights or exclusive marketing rights shall be sought by CARDIFF or any licensee of CARDIFF except with the prior written consent of Licensee, which consent shall not be unreasonably withheld.
Patent Extension. Licensee shall promptly notify Licensor of any Regulatory Approval for any Licensed Product for which an application for Patent term extension may be based, including with respect to any Third Party product, or any other event in any Jurisdiction that would enable Licensor or Licensee as appropriate to apply for Patent term extension or other regulatory or marketing exclusivity or extension thereof in any Jurisdiction. For clarity, Licensee will notify Licensor of an opportunity to apply for Patent term extensions or regulatory or marketing exclusivity or extension thereof as soon as the event triggering the opportunity for application has occurred and in no event later than three (3) Business Days following the occurrence of the triggering event. Licensee agrees to cooperate fully with Licensor to provide any information or documentation necessary to support an application for Patent term extension or other regulatory or marketing exclusivity.
