Patent Right Term Extension Clause Samples

Patent Right Term Extension. If elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country in the Territory with respect to any Licensed Product becomes available, upon Regulatory Approval or otherwise, then Verastem will have the sole right to file for patent term extension or supplemental protection certificates or their equivalents and to determine which issued patent to extend. GenFleet and any of its Affiliates will reasonably cooperate with Verastem so as to enable Verastem to exercise its rights under this Section 10.8 (Patent Right Term Extension). Such cooperation includes promptly executing all documents, requiring inventors to be available to discuss and review any filings, and requiring inventors, contractors, employees, consultants and agents of GenFleet or any of its Affiliates to execute all documents, as reasonable and appropriate so as to enable Verastem to exercise its rights under this Section 10.8 (Patent Right Term Extension).

Patent Right Term Extension. Lexicon will advise Novo Nordisk in writing as soon as practicable and in any case no later than [**] after receipt or knowledge by Lexicon of any communications from any Regulatory Authority that may be reasonably considered pertinent to an extension of the term of any Joint Arising Patent Right or Licensed Patent Right that Covers a Licensed Product (including patent term extension (PTE) under the Drug Price Competition and Patent Right Restoration Act of 1984 in the U.S. and supplementary protection certificates in the member states of the EU and their equivalents throughout the Territory). Novo Nordisk will have the right at its sole discretion to seek an extension of the term of any such Patent Rights. Any patent term extension application may be prosecuted by Novo Nordisk and Lexicon will fully cooperate and provide prompt and reasonable assistance therefor, as requested by Novo Nordisk, including by taking such action as is required under any Applicable Law to obtain such patent term extension. Novo Nordisk will inform Lexicon in writing of its election of, and with respect to which applicable Patent Right, Novo Nordisk will apply for, such patent term extension, in a given country, based on Regulatory Approval of the applicable Licensed Product, at least [**] prior to applying for such extension in such country. Without limiting the foregoing, to the extent the Patent Right owner and not the MAA holder is required to seek an extension of the term of any Joint Arising Patent Right or Licensed Patent Right in a particular jurisdiction due to Applicable Law in such jurisdiction, Novo Nordisk may request (as applicable) that Lexicon applies for such an extension of any such Patent Rights, and upon such request, the Parties will work jointly to obtain such extension at Novo Nordisk’s cost and expense.

Patent Right Term Extension. If elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country in the Coherus Territory with respect to any Licensed Product becomes available, upon Regulatory Approval or otherwise, then, following discussions with Coherus and consideration in good faith of Coherus’ comments thereon, Junshi will have the sole right to file for patent term extension or supplemental protection certificates or their equivalents and to determine which issued patent to extend. Coherus and its Affiliates and Sublicensees will reasonably cooperate with Junshi so as to enable Junshi to exercise its rights under this Section 9.7(a) (Patent Right Term Extension). Such cooperation includes promptly executing all documents, requiring inventors to be available to discuss and review any filings, and requiring inventors, subcontractors, employees, consultants, and agents of Coherus or any of its Affiliates or Sublicensees to execute all documents, as reasonable and appropriate so as to enable Junshi to exercise its rights under this Section 9.7(a) (Patent Right Term Extension).

Patent Right Term Extension