Patent Term Clause Samples
The Patent Term clause defines the duration for which patent rights granted under an agreement will remain in effect. Typically, this clause specifies that the rights last for the full legal term of the relevant patent, which is usually 20 years from the filing date, unless otherwise terminated earlier by law or agreement. By clearly stating the period of enforceability, the clause ensures both parties understand the timeframe during which patent protections and obligations apply, thereby preventing disputes over the expiration or continuation of patent rights.
Patent Term. The Licensee shall apply for an extension of the term of any patent included within Regents’ Patent Rights if appropriate under the Drug Price Competition and Patent Term Restoration Act of 1984 and/or European, Japanese and other foreign counterparts of this Law. The Licensee shall prepare all documents, and The Regents agrees to execute the documents and to take additional action as the Licensee reasonably requests in connection therewith.
Patent Term. Licensee agrees that it will cooperate with IPI in good faith to extend, restore, and supplement the term of any Licensed Patent (at IPI’s selection) under the Drug Price Competition and Patent Term Restoration Act of 1984, (e.g., as codified at 21 U.S C § 355 and 35 U.S.C. §§ 156, 271, 282; and implemented in part by 37 CFR 1.710 et seq.), and under any comparable domestic or foreign provision (e g, Regulation (EC) No 469/2009 of the European Parliament and Article 63 of the European Patent Convention). Licensee agrees not to use any dossier, regulatory authorization, or any regulatory review period it obtains or incurs as a result of seeking regulatory approval for any Product to seek any patent term extension, restoration, or supplementation for any other patent without first obtaining IPI’s written consent.
Patent Term. Extensions Licensee shall have the sole right to obtain patent term extensions or supplemental protection certificates or their equivalents with respect to any Licensed Product in the Field in the Territory, including with respect to any Licensed Patent Right in any country in the Territory, and Licensor shall reasonably cooperate with Licensee in connection therewith.
Patent Term. Extensions SciClone and SPKK shall reasonably cooperate to obtain the benefits of any patent term extension which may be available for any patent subject to this Agreement.
Patent Term. Licensee 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 of any patent included within the Patent Rights (other than the [***] Patent Rights if, at the applicable time, the license granted to Licensee under such patent rights remains non-exclusive at such time). Upon request of Licensee, Harvard will provide support, assistance and all necessary documents, in full executed form if needed, to Licensee for the purpose of supporting, filing, obtaining and maintaining any such patent term extensions, supplementary protection certificates or equivalents thereto.
