Common use of Patent Term Restoration and Extension Clause in Contracts

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.