Common use of Patent Extension Clause in Contracts

Patent Extension. As part of the parties’ activities under Section 6.2, they may decide to seek extensions of the Licensed Patent Rights when available under applicable laws and regulations that allow for such extensions, including without limitation extensions provided under U.S. law at 35 U.S.C. §§154(b), 155A, and 156. If Licensor is reasonably entitled to an extension of an issued patent within the Licensed Patent Rights for a Licensed Product or Licensed Service in accordance with applicable law, but Licensee does not wish to have the Licensor seek an extension for that particular patent because Licensee desires to seek an extension for a different patent, then Licensee shall nonetheless make payments to Licensor under the Agreement in the same manner as if Licensor had obtained the extension for the Licensed Patent Right selected by Licensor. Notwithstanding the foregoing, in the event there is more than one licensee under the particular Licensed Patent Right in a given country and it is not possible to obtain an extension of such Licensed Patent Rights for all such licensees (including Licensee), then Licensor shall have the right to control in its sole discretion the seeking of any such extension.