Examples of Additional Countries in a sentence
Shionogi and/or Lilly may, at their discretion and expense, file, prosecute, and maintain patent applications and patents within the Licensed Patent Rights (other than the Core Patents in the Major Markets and Additional Countries, or a patent application or patent that Anthera requested be designated as a Shionogi Core Patent, which request was denied by Shionogi) in the Territory.
During the term of this Agreement, Anthera shall, at its expense, file, prosecute, and maintain those Core Patents prosecuted and maintained by Lilly prior to the Effective Date (such Core Patents, the “Lilly Core Patents”) in the United States and, to the extent possible with respect to a particular patent application or patent within the Lilly Core Patents, the Major Markets, as well as in the Additional Countries (as such term is defined below).
Additional Countries shall be [*] (each an “Additional Country”).
Upon receipt of such notice by Miltenyi, the Parties shall evaluate the regulatory requirements for such development, manufacture or commercialization of Autolus Products in such Additional Countries.
In turn, Memory promptly shall notify Roche if it agrees with the filing of applications in such Additional Countries selected by Roche.
Cellectis shall further regularly inform Servier in due time with respect to the prosecution actions (including office actions or official actions from patent offices of such Additional Countries) and any required action in connection with the maintenance of such Cellectis Patents in the Initial Countries and Additional Countries.
Based on the assessment of potentially required additional work (“Additional Work”), including but not limited to any activities as may be required to prepare and file Master Files for Miltenyi Products to support Autolus Product filings in one or more Additional Countries, the Parties shall negotiate in good faith and mutually agree upon reasonable terms and conditions to execute such Additional Work.
Cellectis will then seek patent protection for such requested Additional Countries, provided that Servier shall reimburse Cellectis any reasonable costs and expenses (including patent attorney costs) incurred by Cellectis in connection with such extension.
Anthera shall reimburse Lilly for [***] issuance and maintenance fees incurred by Lilly in filing, prosecuting, and maintaining the Lilly Core Patents in the Major Markets and Additional Countries, to the extent that Lilly, as the assignee of the Lilly Core Patents is required to pay such fees.
Notwithstanding the foregoing, no additional patent applications or patents may be deemed to be Core Patents, nor any country added to the list of Additional Countries where Core Patents must be maintained by Anthera or Shionogi, and the prosecution or maintenance of any Core Patents in any countries in the Territory in which such activities have commenced may not be abandoned, unless the Parties reach unanimous agreement on such matter.