Common use of Patent Term Restoration and Extension Clause in Contracts

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 have the first exclusive right, but not the obligation, to seek, in MacroGenicsCollaborator’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 the Collaborator Patent Right and Agreement ProductsRights. MacroGenics Collaborator 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 Collaborator regarding any such activities, but in the event of a disagreement between the Parties, Pfizer will have the final decision-making authority. If ; provided, however, that Pfizer does not do so, MacroGenics may shall seek (or allow Collaborator to seek) to extend any Subject Collaborator Patent Right in relation to Agreement Productsat Collaborator’s request, including through the use of supplemental protection certificates and the like, unless in Pfizer’s reasonable legal determination such Subject Collaborator 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 ProductsRight.