Patent Term Extension. If election with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to a Licensed Product becomes available, upon Regulatory Approval or otherwise, the Parties will discuss in good faith which of the Patent Rights, if any, will be extended. LICENSEE will have final decision making authority for which of the Patent Rights, if any, to extend, provided that LICENSOR will have the right to prevent a Platform Patent from being subject to such extension.
Appears in 4 contracts
Samples: License Agreement (Zentalis Pharmaceuticals, Inc.), License Agreement (Zentalis Pharmaceuticals, Inc.), License Agreement (Zentalis Pharmaceuticals, LLC)
Patent Term Extension. If election elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to a any Licensed Product becomes available, upon Regulatory Approval or otherwise, the Parties will discuss in good faith which of the Patent Rightsissued patent to extend, if any, will be extended. LICENSEE and Licensee will have final decision making authority for which of the Patent Rights, if any, issued patent to extend, provided that LICENSOR will have the right to prevent a Platform only patent rights owned or in-licensed by Aerpio or any of its Affiliates that may be extended by Licensee by operation of this Agreement are those Aerpio Core Patent from being subject to such extensionRights that Cover the applicable Licensed Product.
Appears in 3 contracts
Samples: License Agreement (Gossamer Bio, Inc.), License Agreement (Gossamer Bio, Inc.), License Agreement (Aerpio Pharmaceuticals, Inc.)
Patent Term Extension. If election elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to a any Licensed Product becomes available, upon Regulatory Approval or otherwise, the Parties will discuss in good faith which of the Patent Rights, if any, will be extended. LICENSEE will have final decision making authority for which of the Patent Rights, if any, to extend, provided that LICENSOR [ * ] will have the sole right to prevent a Platform Patent from being subject determine which issued patent to such extensionextend.
Appears in 2 contracts
Samples: Exclusive License Agreement (Eagle Pharmaceuticals, Inc.), Exclusive License Agreement (Eagle Pharmaceuticals, Inc.)
Patent Term Extension. If election elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to a any Licensed Product becomes available, upon Regulatory Approval or otherwise, the Parties will discuss in good faith mutually agree on which of the Patent Rights, if any, will be extended. LICENSEE will have final decision making authority for which of the Patent Rights, if any, issued patent to extend, provided and in any event, the Parties understand and agree that LICENSOR a Licensed Patent or Joint Patent will have be extended (including in the right to prevent a Platform U.S. upon Regulatory Approval thereof), if possible, in lieu of any other Patent from being subject to Right only if such extensionLicensed Patent or Joint Patent would extend longer than such other Patent Right.
Appears in 2 contracts
Samples: License Agreement (Coherus BioSciences, Inc.), License Agreement (Surface Oncology, Inc.)
Patent Term Extension. If election elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to a any Licensed Product becomes available, upon Regulatory Approval or otherwise, the Parties will discuss in good faith which of the Patent Rights, if any, will be extended. LICENSEE will have final decision making authority for which of the Patent Rights, if any, to extend, provided that LICENSOR will have the right to prevent a Platform Patent from being subject to such extension[***].
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Patent Term Extension. If election with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to a Licensed Product becomes available, upon Regulatory Approval or otherwise, the Parties will discuss in good faith which of the Patent RightsPlatform Patents, if any, will be extended. LICENSEE Oncternal will have final decision making authority for which of the Patent RightsPlatform Patents, if any, to extend, provided that LICENSOR will have the right to prevent a Platform Patent from being subject to such extension.
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Patent Term Extension. If election elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to a any Licensed Product becomes available, upon Regulatory Approval or otherwise, as between the Parties will discuss in good faith which of the Patent Rightsand subject to Exhibits F and G, if any, will be extended. LICENSEE will have final decision making authority for which of the Patent Rights, if any, to extend, provided that LICENSOR Licensee will have the first right in accordance to prevent a Platform file and maintain any such patent term extension or supplemental protection certificates or their equivalent for the Radius Patent from being subject to such extensionRights.
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Patent Term Extension. If election elections with respect to obtaining patent term extension (including any pediatric exclusivity extensions as may be available) or supplemental protection certificates or their equivalents in any country with respect to a Licensed Product becomes Patent Rights or other patent rights covering the Licensed Products are available, upon Regulatory Approval or otherwise, the Parties will discuss shall cooperate in good faith to determine whether to make any such elections (which may not necessarily result in an extension of any of the Licensed Patent Rights); provided however, if any, will be extended. LICENSEE will have final decision making authority for which of the Patent Rights, if any, to extend, provided that LICENSOR will Sigma shall have the right final authority to prevent a Platform Patent from being subject decide whether to make such extensionelections.
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