Patent Term Restoration and Extension. The Parties agree to cooperate and to take reasonable actions to maximize the protections available under the provisions of 35 U.S.C. 102(c) under the Xxxxx-Xxxxx America Invents Act for US patents and patent applications, as well as any and all patent extension provisions outside of the USA. The Parties shall cooperate with each other, including by providing necessary information and assistance as the other Party may reasonably request, in obtaining patent term extensions or supplemental protection certificates or their equivalents in any country in the Territory where applicable to Arvinas Patent Rights or Joint Patent Rights. In the event that elections with respect to obtaining such patent term extensions are to be made with respect to any Patent Right claiming an Invention that specifically claims Compounds or Products subject to an exclusive license granted to Pfizer hereunder, Pfizer shall have the right to make the election and Arvinas agrees to abide by such election.
Patent Term Restoration and Extension. Pfizer shall have the first right, but not the obligation, to seek, in MacroGenics’s name if so required, patent term extensions, and supplemental protection certificates and the like available under Applicable Law, including 35 U.S.C. § 156 and applicable foreign counterparts, in any country in the Territory in relation to any Subject Patent Right and Agreement Products. MacroGenics and Pfizer shall cooperate in connection with all such activities. Pfizer, its agents and attorneys will give due consideration to all suggestions and comments of MacroGenics regarding any such activities, but in the event of a disagreement between the Parties, Pfizer will have the final decision-making authority. If Pfizer does not do so, MacroGenics may seek to extend any Subject Patent Right in relation to Agreement Products, including through the use of supplemental protection certificates and the like, unless in Pfizer’s reasonable legal determination such Subject Patent Right may not be extended under Applicable Law in relation to Agreement Products without limiting Pfizer’s right to extend any other Patent Right in relation to Agreement Products.
Patent Term Restoration and Extension. Pfizer shall, subject to any limitations imposed by any Spark Third Party Agreement, have the exclusive right, but not the obligation, to seek, in Spark’s name if so required, patent term extensions, supplemental protection certificates and the like available under Applicable Law, including 35 U.S.C. § 156 and applicable foreign counterparts, in any country in the Territory as to the Spark Patent Rights, Research Program Patent Rights and Joint Patent Rights in relation to Licensed Products. Spark and Pfizer will cooperate in connection with all such activities. Pfizer will give due consideration to all suggestions and comments of Spark regarding any such activities, but in the event of a disagreement between the Parties, Pfizer will have the final decision-making authority; provided, however, that Pfizer will seek (or will allow Spark to seek) to extend, including through the use of supplemental protection certificates and the like, any Spark Patent Right, Research Program Patent Right or Joint Patent Right at Spark’s request unless in Pfizer’s reasonable legal determination such Spark Patent Right, Research Program Patent Right or Joint Patent Right may not be extended under Applicable Law without limiting Pfizer’s right to extend any other Patent Right.
Patent Term Restoration and Extension. The Parties shall cooperate fully with each other to provide necessary information and assistance, as the other Party may reasonably request, in obtaining patent term extension or supplemental protection certificates or their equivalents in any country in the Territory where applicable to Licensor Patent Rights and Licensee Patent Rights. In the event that elections with respect to obtaining such patent term extension are to be made, Licensee shall have the right to make the election and Licensor agrees to abide by such election.
Patent Term Restoration and Extension. Upon the request of either Party, the Parties will (through the Patent Committee) reasonably discuss patent term extension and supplemental protection certificate strategies in relation to Patent Rights Covering Candidates or Products at any time. Notwithstanding the above, within the time period specified by applicable Law upon receiving Regulatory Approval for a Product in any country in the Territory, [***]. [***]
Patent Term Restoration and Extension. AMAG shall have the exclusive right, but not the obligation, to seek, in Palatin’s name if so required, patent term extensions, and supplemental protection certificates and the like available under Law, including 35 U.S.C. § 156 and applicable foreign counterparts, in any country in the Territory in relation to the Palatin Patent Rights and in any country in the world in relation to the Joint Patent Rights at AMAG’s sole cost and expense. Palatin and AMAG shall cooperate in connection with all such activities. AMAG, its agents and attorneys will give due consideration to all suggestions and comments of Palatin regarding any such activities, but in the event of a disagreement between the Parties, AMAG will have the final decision-making authority; provided, however, that AMAG shall seek (or allow Palatin to seek) to extend any Palatin Patent Right at Palatin’s request, including through the use of supplemental protection certificates and the like, unless in AMAG’s reasonable legal determination such Palatin Patent Right may not be extended under Law without limiting AMAG’s right to extend any other Patent Right.
Patent Term Restoration and Extension. Anji Pharma shall have the exclusive right, but not the obligation, to seek, in LipimetiX’s name if so required, patent term extensions, and supplemental protection certificates and the like available under Applicable Law in the Territory, in relation to LipimetiX Patent Rights and Product Patent Rights. LipimetiX and Anji Pharma shall reasonably cooperate in connection with all such activities. Anji Pharma, its agents and attorneys will give due consideration to all suggestions and comments of LipimetiX regarding any such activities, but in the event of a disagreement between the Parties, Anji Pharma will have the final decision-making authority with respect to patent term extensions and supplemental protection certificates and the like in the Territory, and only to the extent such decision would not be reasonably expected to have a material adverse effect on any foreign counterpart of such Patent Rights outside the Territory.
Patent Term Restoration and Extension. Subject to Pfizer’s rights as provided in Section 6.3.2(e), OPKO shall have the exclusive right, but not the obligation, to seek patent term extensions, supplemental protection certificates and the like available under Applicable Law, including 35 U.S.C. § 156 and applicable foreign counterparts, in any country in the Territory in relation to Licensed Product and Compounds of the OPKO Prosecuted IP. OPKO and Pfizer will cooperate in connection with all such activities. OPKO will give due consideration to all suggestions and comments of Pfizer regarding any such activities, but in the event of a disagreement between the Parties, OPKO will have the final decision-making authority; provided, however, that OPKO will seek (or will allow Pfizer to seek) to extend, including through the use of supplemental protection certificates and the like, any OPKO Prosecuted IP at Pfizer’s request unless, in OPKO’s reasonable legal determination, such OPKO Prosecuted IP may not be extended under Applicable Law without limiting OPKO’s right to extend any other Patent Right.
Patent Term Restoration and Extension. The Parties will cooperate with each other in obtaining patent term extension, patent term restoration or supplemental protection certificates or their equivalents in any country in the Territory where applicable to any Primary TARP8 Patent or Joint Patent, provided that, after the Option Exercise Date, Licensee shall have the sole right to determine the foregoing with respect to any Primary TARP8 Patent (other than a Xxxxxxx-Prosecuted TARP8 Patent) or Joint Patent.
Patent Term Restoration and Extension. Upon the request of either Party, the Parties will (through the Patent Committee) reasonably discuss patent term extension and supplemental protection certificate strategies in relation to Patent Rights Covering Candidates or Products at any time. Notwithstanding the above, within the time period specified by applicable Law upon receiving Regulatory Approval for a Product in any country in the Territory, Pfizer will have the right, but not the obligation, exercisable through written notice to BioNTech, to seek, in BioNTech’s name, if so required, patent term extensions, and supplemental protection certificates and the like available under Law, including 35 U.S.C. § 156 and applicable foreign counterparts (the “Patent Term Extension”), in such country in the Territory in relation to (i) any Research Program Patent Right other than Patent Rights claiming BioNTech Improvements and (ii) any BioNTech Prosecution Patent Right which is still eligible for Patent Term Extension at that time under the applicable Law in such country, in each case of (i) and (ii) that Cover such Product. If Pfizer exercises such right, BioNTech and Pfizer will cooperate in connection with all such activities at Pfizer’s expense. Pfizer, its agents and attorneys will give due consideration to all suggestions and comments of BioNTech regarding any such activities, but, in the event of a disagreement between the Parties in relation to a Patent Term Extension for a BioNTech Prosecution Patent Right or Research Program Patent Right, Pfizer will have the final decision-making authority. For the avoidance of doubt, nothing in this Section 7.3.1(e) shall prevent BioNTech from seeking, or allowing any other collaboration partner of BioNTech to seek, any Patent Term Extension in relation to any BioNTech Prosecution Patent Right prior to Pfizer exercising its rights under this Section 7.3.1(e). Notwithstanding the foregoing, BioNTech shall not seek any Patent Term Extension in relation to any Patent Right with respect to any Product or Candidate without Pfizer’s prior written consent.
