Common use of Patent Term Extensions Clause in Contracts

Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining patent term extensions wherever applicable to a Program Patent that covers Compound Products. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, a patent shall be extended if either Party elects to extend such patent. All filings for such extension shall be made by the Party to whom the patent is assigned, provided, however, that in the event that the Party to whom the patent is assigned elects not to file for an extension, such Party shall (i) inform the other Party of its intention not to file and (ii) grant the other Party the right to file for such extension.

Appears in 3 contracts

Samples: Divestiture Agreement (Ophthotech Corp.), Research and License Agreement (Archemix Corp.), Research and License Agreement (Nitromed Inc)

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Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining patent term extension, including without limitation, supplementary protection certificates and any other extensions that are now or become available in the future wherever applicable to a Program Patent that covers Compound Rights covering Collaboration Products. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, a patent shall be extended if either Party elects to extend such patent. All filings for such extension shall be made by the Party to whom which controls the patent is assigned, or patent application in question; provided, however, that in the event that the Party to whom controls the patent is assigned in question elects not to file for an extension, such Party shall (i) inform the other Party of its intention not to file and (ii) grant the other Party the right to file for such extension.

Appears in 2 contracts

Samples: Research and Development (Cambridge Antibody Technology Group PLC), Research, Development and Commercialization Agreement (Cambridge Antibody Technology Group PLC)

Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining patent term extensions, including without limitation, supplementary protection certificates and any other extensions that are now or become available in the future wherever applicable to a Program Patent that covers Compound Patents covering Licensed Products. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, a patent shall be extended if either Party elects to extend such patent. All filings for such extension shall be made by the Party to whom the patent is assigned, provided, however, that in the event that the Party to whom the patent is assigned elects not to file for an extension, such Party shall (i) inform the other Party of its intention not to file and (ii) grant the other Party the right to file for such extension.

Appears in 2 contracts

Samples: Development and Marketing Collaboration Agreement (Elan Corp PLC), Development and Marketing Collaboration Agreement (Biogen Inc)

Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, cooperate with each other in gaining patent term extensions extension wherever applicable to any patents including any Generex Patent Rights or Program Patents that contain a Program Patent Valid Claim that covers Compound ProductsCovers Product. The Parties shallParty first eligible to seek extension of such patent shall have the right to do so; provided, if necessary and appropriatethe first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension, use reasonable efforts to the Steering Committee (with advice from appropriate patent counsel) shall agree upon a joint strategy relating to that will maximize patent term extensions, but, in protection for the absence of mutual agreement with respect to any extension issue, a patent shall be extended if either Party elects to extend such patentProduct. All filings for such extension extensions and certificates shall be made by the Party to whom the patent is assigned, provided, however, that in the event that the Party to whom the patent is assigned elects not to file for an extensionextension or supplementary protection certificate, such Party shall (i) inform the other Party of its intention not to file and (ii) grant the other Party the right to file for such extensionextension or certificate.

Appears in 2 contracts

Samples: Development and License Agreement (Generex Biotechnology Corp), Development and License Agreement (Generex Biotechnology Corp)

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Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining patent term extension, including without limitation, supplementary protection certificates and any other extensions that are now or become available in the future wherever applicable to a Program Patent that covers Compound Rights covering Products. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, a patent shall be extended if either Party elects to extend such patent. All filings for such extension shall be made by the Party to whom the patent is assigned, provided, however, that in the event that the Party to whom the patent is assigned elects not to file for an extension, such Party shall (i) inform the other Party of its intention not to file and (ii) grant the other Party the right to file for such extension.

Appears in 1 contract

Samples: Research and Development Agreement (Elan Corp PLC)

Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining patent term extensions extension wherever applicable to a Program Patent that covers Compound Rights covering Program Products. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, a patent shall be extended if either Party elects to extend such patent. All filings for such extension shall be made by the Party to whom the patent is assigned, providedPROVIDED, howeverHOWEVER, that in the event that the Party to whom the patent is assigned elects not to file for an extension, such Party shall (i) inform the other Party of its intention not to file and (ii) grant the other Party the right to file for such extension.

Appears in 1 contract

Samples: Collaboration and License Agreement (Millennium Pharmaceuticals Inc)

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