Common use of Patent Listings Clause in Contracts

Patent Listings. With respect to patent listings in any patent listing system established by any applicable Regulatory Authority in Japan or under Applicable Law, for Licensor Patent Rights, the Parties will discuss and agree which Licensor Patent Rights to list in such patent listing in Japan (the “Listing Patent Rights”) (i) prior to the submission of the first and any subsequent MAA for such Licensed Product in Japan to such applicable Regulatory Authority, (ii) within [***] days, but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the receipt of the first and any subsequent Regulatory Approval in Japan for such Licensed Product from such Regulatory Authority, including any additional indication for such Licensed Product, and (iii) within [***] days, but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the issuance in Japan of a patent included in the Listing Patent Rights; provided that, except as otherwise permitted under Applicable Laws, Licensee will not list, and will not be obligated to list, as of the date of listing, (A) any unissued patent, (B) any Patent Right that does not Cover the Licensed Product, (C) any patent that is of a type or that contains patent claims that are of a type not permitted to be listed under Applicable Law, or (D) any patent that such Party knows or has a reasonable basis to know is reasonably likely to be declared invalid by a competent Governmental Authority in such jurisdiction. In furtherance of the foregoing clause (D), if either Party has such knowledge or reasonable basis, then such Party will promptly notify and inform the Party of all facts and circumstances it is aware of underlying such knowledge or reasonable basis. If the Parties are unable to agree on which Patent Rights to list by the time required as provided under clause (i) to (iv) above, subject to the above proviso, then, as between the Parties, Licensee will have the final decision-making right over such listing. Licensee will promptly, and in any event at least [***] days prior to the applicable deadline for listing under Applicable Laws, list the Listing Patent Rights in the applicable patent listing system in Japan. Licensee will provide copies of all documentation to be filed in connection with any such listing of Listing Patent Rights to Licensor prior to filing thereof and will consider Licensor’s comments with respect to such documentation. Licensor will cooperate with Licensee to the extent reasonably requested by Licensee to effectuate the intent of this Section 14.7 (Patent Listings), including providing all documentation, certifications, and consents necessary to effectuate the foregoing and setting up an account to list patents on the applicable patent listing system, and granting Licensee access to and a right to use such account as reasonably necessary to effectuate the intent of this Section 14.7 (Patent Listings). Licensee will not list any patent in any patent listing system in Japan for the Licensed Product, except in accordance with this Section 14.7 (Patent Listings).

Patent Listings. With respect to patent listings in any patent listing system established by any applicable Regulatory Authority in Japan a region in the Territory or under Applicable Law, including, (a) in the PRC, under Article 76 of the Patent Law of the PRC and its implementing measures and interpretations promulgated by relevant PRC Governmental Authorities, including the National Medical Products Administration (NMPA), the China National Intellectual Property Administration (CNIPA), and the Supreme People’s Court, and (b) other equivalents thereof in the Territory, for Licensor Blueprint Patent Rights, Blueprint Manufacturing Patent Rights, or Collaboration Patent Rights Covering any Licensed Product, the Parties will discuss and agree which Licensor Patent Rights to list in such patent listing in Japan such region (the “Listing Patent RightsPatents”) ) (i) prior to the submission of the first and any subsequent MAA for such Licensed Product in Japan such region to such applicable Regulatory Authority, (ii) within [***] days*], but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the receipt of the first and any subsequent Regulatory Approval in Japan such region for such Licensed Product from such Regulatory Authority, including any additional indication Indication for such Licensed Product, and (iii) within [***] days*], but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the issuance in Japan such region of a patent included in the Listing Patents, and (iv) within [****] following the submission of a new patent application in such region Covering any Licensed Product included in the Blueprint Patent Rights, Blueprint Manufacturing Patent Rights, or Collaboration Patent Rights that has not been previously considered in any prior discussion and agreement of the Parties regarding Listing Patents; provided that, except as otherwise permitted under Applicable Laws, Licensee the Party holding the MAA for such Licensed Product in the Territory will not list, and will not be obligated to list, as of the date of listing, (A) any unissued patent, (B) any Patent Right that does not Cover the Licensed Product, (C) any patent that is of a type or that contains patent claims that are of a type not permitted to be listed under Applicable Law, or (D) any patent that such Party knows or has a reasonable basis to know is reasonably likely to be declared invalid by a competent Governmental Authority in such jurisdictionregion. In furtherance of the foregoing clause (D), if either Party has such knowledge or reasonable basis, then such Party will promptly notify and inform the Party of all facts and circumstances it is aware of underlying such knowledge or reasonable basis. If In the event the Parties are unable to agree on which Patent Rights to list by the time required as provided under clause (i) to (iv) above, subject to the above proviso, then, as between the Parties, Licensee Blueprint will have the final decision-making right over such listingwhether the Party holding the MAA for the applicable Licensed Product in the Territory will list any Blueprint Patent Rights, Blueprint Manufacturing Patent Rights, or Joint Collaboration Patent Rights, and Xxx will have the final decision-making right over whether the Party holding the MAA for the applicable Licensed Product in the Territory will list any issued patents included in the Zai Collaboration Patent Rights. Licensee The Party holding the MAA for the applicable Licensed Product in the Territory will promptly, and in any event at least [****] days prior to the applicable deadline for listing under Applicable Laws, list the Listing Patent Rights Patents in the applicable patent listing system in Japanthe applicable regions in the Territory provided, that, without limiting the foregoing, if the Party holding the MAA for the applicable Licensed Product in the Territory has not listed the Listing Patents in the patent listing system of an applicable region before [****] prior to the deadline for listing in the applicable region, then the other Party may list the Listing Patents at anytime when permitted by Applicable Laws by providing prior written notice to the Party holding the MAA for the applicable Licensed Product in the Territory. Licensee The Party holding the MAA for the applicable Licensed Product in the Territory will provide copies of all documentation to be filed in connection with any such listing of Listing Blueprint Patent Rights, Blueprint Manufacturing Patent Rights, or Joint Collaboration Patent Rights to Licensor the other Party prior to filing thereof and will consider Licensorthe other Party’s comments with respect to such documentationdocumentation in good faith. Licensor The Party holding the MAA for the applicable Licensed Product in the Territory will cooperate with Licensee the other Party to the extent reasonably requested by Licensee the other Party to effectuate the intent of this Section 14.7 14.6 (Patent Listings), including providing all documentation, certifications, and consents necessary to effectuate the foregoing and setting up an account to list patents on the applicable patent listing system, and granting Licensee the other Party access to and a right to use such account as reasonably necessary to effectuate the intent of this Section 14.7 14.6 (Patent Listings). Licensee will not list any patent in any patent listing system in Japan for the Licensed Product, except in accordance with this Section 14.7 (Patent Listings).

Patent Listings. With respect to patent listings in any patent listing system established by any applicable Regulatory Authority in Japan a region in the Territory or under Applicable Law, including, (a) in the PRC, under Article 76 of the Patent Law of the PRC and its implementing measures and interpretations promulgated by relevant PRC Governmental Authorities, including the National Medical Products Administration (NMPA), the China National Intellectual Property Administration (CNIPA), and the Supreme People’s Court, and (b) other equivalents thereof in the Territory, for Licensor Kiniksa Patent Rights, Kiniksa Manufacturing Patent Rights, or Collaboration Patent Rights Covering the Licensed Product, the Parties will discuss and agree which Licensor Patent Rights to list in such patent listing in Japan such region (the “Listing Patent Rights”) (i) prior to the submission of the first and any subsequent MAA for such the Licensed Product in Japan such region to such applicable Regulatory Authority, (ii) within [***] days, but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the receipt of the first and any subsequent Regulatory Approval in Japan such region for such the Licensed Product from such Regulatory Authority, including any additional indication Indication for such the Licensed Product, and (iii) within [***] days, but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the issuance in Japan such region of a patent included in the Listing Patent Rights, and (iv) within [***] days following the submission of a new patent application in such region Covering the Licensed Product included in the Kiniksa Patent Rights, Kiniksa Manufacturing Patent Rights, or Collaboration Patent Rights that has not been previously considered in any prior discussion and agreement of the Parties regarding Listing Patent Rights; provided that, except as otherwise permitted under Applicable Laws, Licensee the Party holding the MAA for the Licensed Product in the Territory will not list, and will not be obligated to list, as of the date of listing, (A) any unissued patent, (B) any Patent Right that does not Cover the Licensed Product, (C) any patent that is of a type or that contains patent claims that are of a type not permitted to be listed under Applicable Law, or (D) any patent that such Party knows or has a reasonable basis to know is reasonably likely to be declared invalid by a competent Governmental Authority in such jurisdictionregion. In furtherance of the foregoing clause (D), if either Party has such knowledge or reasonable basis, then such Party will promptly notify and inform the Party of all facts and circumstances it is aware of underlying such knowledge or reasonable basis. If the Parties are unable to agree on which Patent Rights to list by the time required as provided under clause (i) to (iv) above, subject to the above proviso, then, as between the Parties, Licensee will have the final decision-making right over such listing. Licensee will promptly, and in any event at least [***] days prior to the applicable deadline for listing under Applicable Laws, list the Listing Patent Rights in the applicable patent listing system in Japan. Licensee will provide copies of all documentation to be filed in connection with any such listing of Listing Patent Rights to Licensor prior to filing thereof and will consider Licensor’s comments with respect to such documentation. Licensor will cooperate with Licensee to the extent reasonably requested by Licensee to effectuate the intent of this Section 14.7 (Patent Listings), including providing all documentation, certifications, and consents necessary to effectuate the foregoing and setting up an account to list patents on the applicable patent listing system, and granting Licensee access to and a right to use such account as reasonably necessary to effectuate the intent of this Section 14.7 (Patent Listings). Licensee will not list any patent in any patent listing system in Japan for the Licensed Product, except in accordance with this Section 14.7 (Patent Listings).​ ​

Patent Listings. With respect to patent listings in any patent listing system established by any applicable Regulatory Authority in Japan a country or jurisdiction in the Territory or under Applicable LawLaw (including (a) in China, under Article 76 of the Patent Law of the People’s Republic of China and its implementing measures and interpretations promulgated by relevant China Governmental Authorities, including NMPA, CNIPA, and the Supreme People’s Court, and (b) other equivalents thereof in the Territory), for Licensor Licensed Patent Rights, the Parties will discuss and agree which Licensor Licensed Patent Rights to list in such patent listing in Japan such country or jurisdiction (the “Listing Patent Rights”) (i) prior to the submission of the first and any subsequent MAA for such Licensed Product in Japan such country or jurisdiction to such applicable Regulatory Authority, (ii) within [***] days, but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the receipt of the first and any subsequent Regulatory Approval in Japan such country or jurisdiction for such Licensed Product from such Regulatory Authority, including any additional indication for such Licensed Product, and (iii) within [***] days, but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the issuance in Japan such country or jurisdiction of a patent included in the Listing Patent Rights; provided that, except as otherwise permitted under Applicable Laws, Licensee will not list, and will not be obligated to list, as of the date of listing, (A) any unissued patent, (B) any Patent Right that does not Cover the Licensed Product, (C) any patent that is of a type or that contains patent claims that are of a type not permitted to be listed under Applicable Law, or (D) any patent that such Party knows or has a reasonable basis to know is reasonably likely to be declared invalid by a competent Governmental Authority in such jurisdiction. In furtherance of the foregoing clause (D), if either Party has such knowledge or reasonable basis, then such Party will promptly notify and inform the Party of all facts and circumstances it is aware of underlying such knowledge or reasonable basis. If the Parties are unable to agree on which Patent Rights to list by the time required as provided under clause (i) to (iv) above, subject to the above proviso, then, as between the Parties, Licensee will have the final decision-making right over such listing. Licensee will promptly, and in any event at least [***] days prior to the applicable deadline for listing under Applicable Laws, list the Listing Patent Rights in the applicable patent listing system in Japanthe applicable countries or jurisdictions in the Territory. Licensee will provide copies of all documentation to be filed in connection with any such listing of Listing Patent Rights to Licensor prior to filing thereof and will consider Licensor’s comments with respect to such documentation. Licensor will cooperate with Licensee to the extent reasonably requested by Licensee to effectuate the intent of this Section 14.7 (Patent Listings), including providing all documentation, certifications, and consents necessary to effectuate the foregoing and setting up an account to list patents on the applicable patent listing system, and granting Licensee access to and a right to use such account as reasonably necessary to effectuate the intent of this Section 14.7 (Patent Listings). Licensee will not list any patent in any patent listing system in Japan for the Licensed Product, except in accordance with this Section 14.7 (Patent Listings).

Patent Listings. With respect to patent listings in any patent listing system established by any applicable Regulatory Authority in Japan a region in the Territory or under Applicable Law, including, (a) in the PRC, under Article 76 of the Patent Law of the PRC and its implementing measures and interpretations promulgated by relevant PRC Governmental Authorities, including the National Medical Products Administration (NMPA), the China National Intellectual Property Administration (CNIPA), and the Supreme People’s Court, and (b) other equivalents thereof in the Territory, for Licensor Kiniksa Patent RightsRights or Collaboration Patent Rights Covering the Licensed Product, the Parties will discuss and agree which Licensor Patent Rights to list in such patent listing in Japan such region (the “Listing Patent Rights”) ) (i) prior to the submission of the first and any subsequent MAA for such the Licensed Product in Japan such region to such applicable Regulatory Authority, (ii) within [***] days, but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the receipt of the first and any subsequent Regulatory Approval in Japan such region for such the Licensed Product from such Regulatory Authority, including any additional indication Indication for such the Licensed Product, and (iii) within [***] days, but in any event reasonably in advance of the deadline for listing under Applicable Laws, after the issuance in Japan such region of a patent included in the Listing Patent Rights, and (iv) within [***] days following the submission of a new patent application in such region ​ Covering the Licensed Product included in the Kiniksa Patent Rights or Collaboration Patent Rights that has not been previously considered in any prior discussion and agreement of the Parties regarding Listing Patent Rights; provided that, except as otherwise permitted under Applicable Laws, Licensee the Party holding the MAA for the Licensed Product in the Territory will not list, and will not be obligated to list, as of the date of listing, (A) any unissued patent, (B) any Patent Right that does not Cover the Licensed Product, (C) any patent that is of a type or that contains patent claims that are of a type not permitted to be listed under Applicable Law, or (D) any patent that such Party knows or has a reasonable basis to know is reasonably likely to be declared invalid by a competent Governmental Authority in such jurisdictionregion. In furtherance of the foregoing clause (D), if either Party has such knowledge or reasonable basis, then such Party will promptly notify and inform the Party of all facts and circumstances it is aware of underlying such knowledge or reasonable basis. If the Parties are unable to agree on which Patent Rights to list by the time required as provided under clause (i) to (iv) above, subject to the above proviso, then, as between the Parties, Licensee then Kiniksa will have the final decision-making right over such listingwhether the Party holding the MAA for the Licensed Product in the Territory will list any Kiniksa Patent Rights or Joint Collaboration Patent Rights, and Partner will have the final decision-making right over whether the Party holding the MAA for the Licensed Product in the Territory will list any issued patents included in the Partner Collaboration Patent Rights. Licensee The Party holding the MAA for the Licensed Product in the Territory will promptly, and in any event at least [***] days prior to the applicable deadline for listing under Applicable Laws, list the Listing Patent Rights in the applicable patent listing system in Japanthe applicable regions in the Territory provided, that, without limiting the foregoing, if the Party holding the MAA for the Licensed Product in the Territory has not listed the Listing Patent Rights in the patent listing system of an applicable region before [***] days prior to the deadline for listing in the applicable region, then the other Party may list the Listing Patent Rights at anytime when permitted by Applicable Laws by providing prior written notice to the Party holding the MAA for the Licensed Product in the Territory. Licensee The Party holding the MAA for the Licensed Product in the Territory will provide copies of all documentation to be filed in connection with any such listing of Listing Patent Rights to Licensor the other Party prior to filing thereof and will consider Licensorthe other Party’s comments with respect to such documentation. Licensor The Party holding the MAA for the Licensed Product in the Territory will cooperate with Licensee the other Party to the extent reasonably requested by Licensee the other Party to effectuate the intent of this Section 14.7 14.6 (Patent Listings), including providing all documentation, certifications, and consents necessary to effectuate the foregoing and setting up an account to list patents on the applicable patent listing system, and granting Licensee the other Party access to and a right to use such account as reasonably necessary to effectuate the intent of this Section 14.7 14.6 (Patent Listings). Licensee Neither Party will not list any patent in any patent listing system in Japan a region in the Territory for the Licensed Product, except in accordance with this Section 14.7 14.6 (Patent Listings).