Example ContractsClausesPatent Term Extensions
Patent Term Extensions
Patent Term Extensions contract clause examples

The Parties shall determine the strategy with respect to patent term extension or similar additional or supplemental protection in the Licensee Territory, including the Patent(s) to be extended in order to maximize the sales of the Product in the Licensee Territory (the “Patent Extension Strategy”). If the Parties cannot agree on the Patent Extension Strategy at least ​ months before the applicable deadline to file the patent term extension or similar additional or supplemental protection in the Licensee Territory, the Parties shall designate an independent patent counsel (“Expert”) by mutual agreement no later than ​ months before the applicable filing deadline (and in the absence of such agreement by such time, such Expert shall be selected by the ICC International Centre for ADR in accordance with the Rules for the Appointment of Experts and Neutrals of the International Chamber of Commerce, which procedure shall only apply to such selection). Within ​ days after such expert has been selected, Licensor will provide to the expert and to Licensee copies of the EP Patents in EXHIBIT 1 along with the Summary of Product Characteristics (“SumPC”) issued by the EMA for the Product. Within ​ days after receiving the EP Patents in EXHIBIT 1 and the SumPC, the Expert shall make a recommendation as to which of the EP Patents to choose for Supplemental Protection Certificate (“SPC”) protection. The decision of the Expert will be ​ on the Parties, provided that in the event that neither Party agrees with the Expert’s recommendation as to the EP Patents to choose for SPC, ​ will ​ the final decision making right regarding the same. ​.

Patent Term Extensions. As long as Janssen retains Commercialization rights for any Licensed Product, upon Janssen’s written request (which shall be by a notice identifying the date of the applicable Regulatory Approval of a Licensed Product and the deadline for filing a Patent Term Extension), the Prosecuting Party shall use reasonable efforts, in each country or ​ = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.

Patent Term Extensions. Acadia will have the full and exclusive right and discretion to determine and control all filings of requests for patent term extensions, supplementary protection certificates, or equivalents thereto in any country in the Territory, (“Patent Term Extensions”), in each case where applicable to a Licensed Product; provided that Stoke’s prior written consent shall be required if Acadia desires to designate a Stoke Patent (other than a Licensed Product Patent) for such Patent Term Extension. In the event that Acadia exercises its termination right pursuant to Section 15.2, Stoke shall have the full and exclusive right and discretion to determine and control all filings of requests for Patent Term Extensions under the Acadia Patents with respect to the Terminated Product or [[Unknown Identifier]] Terminated Product, as applicable, subject to Acadia’s prior written consent. The JPC shall determine which Patent Term Extensions to seek in any country in the Territory applicable to a [[Unknown Identifier]] Co-Co Product and with respect to the [[Unknown Identifier]] Product Patents, Acadia [[Unknown Identifier]] Patents, Stoke [[Unknown Identifier]] Patents and Joint Collaboration Patents, provided that in the event of any dispute then the matter shall be resolved in accordance with [Section 3.7(a)(v)]. All costs and expenses relating to the Patent Term Extensions will be born solely by Acadia with respect to the Licensed Products and shall be a shared Other Expense with respect to any [[Unknown Identifier]] Co-Co Product. Upon request of Acadia and at Acadia’s cost and expense, Stoke will provide support, assistance, and all necessary documents, in full executed form if needed, to Acadia for the purpose of supporting, filing, obtaining, and maintaining Patent Term Extensions for Licensed Products in accordance with the foregoing.

Patent Term Extensions. The Parties shall cooperate in obtaining patent term restoration (under but not limited to the [[Address A:Address]]. Drug Price Competition and Patent Term Restoration Act and its foreign equivalents), supplemental protection certificates or their equivalents, and patent term extensions with respect to the Xenon Patent Rights and Joint Patent Rights in any country and/or region where applicable. Subject to the exercise of Neurocrine’s Commercially Reasonable Efforts, Neurocrine shall determine which Xenon Patent Rights, Joint Patent Rights and Neurocrine Patent Rights it shall apply to extend in any country or region in the Territory for any Product, and shall file for such extension at Neurocrine’s cost and expense. Xenon shall provide all assistance reasonably requested by Neurocrine in connection with such filings.

Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining Patent term extension (including those extensions available under the Supplementary Certificate of Protection of Member States of the EU and other Portions of this Exhibit, indicated by the mark “​”, were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Atea shall use Commercially Reasonable Efforts to obtain all available patent term extensions, adjustments or restorations, or supplementary protection certificates (“SPCs”, and together with patent term extensions, adjustments and restorations, “Patent Term Extensions”) for Atea Patent Rights or Joint Patent Rights with respect to the Product that Atea Handles pursuant to Section 14.8. All filings for such Patent Term Extensions shall be made by Atea (unless the Parties otherwise agree in writing); provided, that in the event that Atea elects not to file for a Patent Term Extension, Atea shall # promptly inform Roche of its intention not to file and # grant Roche the right to file for such Patent Term Extension.

At Licensee’s request, Licensor may seek patent term extensions under 35 U.S.C. § 156 and other comparable laws and regulations for the Patent Rights. Licensee shall have the right to decide

Patent Term Extensions. Newsoara shall have the exclusive right and obligation to seek patent term extensions or supplemental patent protection, including supplementary protection certificates, in any Region in the Territory in relation to the

Patent Term Extensions. [[EPIZYME:Organization]] and EISAI shall discuss and seek to reach mutual agreement for which, if any, of the Patents within the [[EPIZYME:Organization]] Patents, Collaboration Patents, or Joint Patents the Parties shall apply to obtain patent term extensions, adjustments, restorations, or supplementary protection certificates under Law, based on the best commercial interests of the Licensed Products Covered by such Patents. If the Parties are unable to reach mutual agreement, as between the Parties, [[EPIZYME:Organization]] shall have the right to make the final decision as to such Patents in the [[EPIZYME:Organization]] Territory and EISAI shall have the right to make the final decision as to such Patents in the EISAI Territory.

Patent Term Extensions. ​ requests for patent term extensions, supplementary protection certificates, or equivalents thereto in any country in the Territory, in each case where applicable to a Product (hereinafter “Patent Term Extensions”); ​. ​ costs and expenses relating to the Patent Term Extensions ​. ​ will provide support, assistance, and all necessary documents, in ​ for the purpose of supporting, filing, obtaining, and maintaining Patent Term Extensions.

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