Common use of Patent Term Extension Clause in Contracts

Patent Term Extension. If elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to any Licensed Product becomes available, upon Regulatory Approval or otherwise, the Parties will discuss in good faith which issued patent to extend, and Licensee will have final decision making authority for which issued patent to extend, provided that the only patent rights owned or in-licensed by Aerpio or any of its Affiliates that may be extended by Licensee by operation of this Agreement are those Aerpio Core Patent Rights that Cover the applicable Licensed Product.

Appears in 3 contracts

Samples: License Agreement (Gossamer Bio, Inc.), License Agreement (Gossamer Bio, Inc.), License Agreement (Aerpio Pharmaceuticals, Inc.)

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Patent Term Extension. If elections election with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to any a Licensed Product becomes available, upon Regulatory Approval or otherwise, the Parties will discuss in good faith which issued patent to extendof the Patent Rights, and Licensee if any, will be extended. LICENSEE will have final decision making authority for which issued patent of the Patent Rights, if any, to extend, provided that LICENSOR will have the only patent rights owned or in-licensed by Aerpio or any of its Affiliates that may be extended by Licensee by operation of this Agreement are those Aerpio Core right to prevent a Platform Patent Rights that Cover the applicable Licensed Productfrom being subject to such extension.

Appears in 3 contracts

Samples: License Agreement (Zentalis Pharmaceuticals, LLC), License Agreement (Zentalis Pharmaceuticals, Inc.), License Agreement (Zentalis Pharmaceuticals, LLC)

Patent Term Extension. If elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to any Licensed Product becomes available, upon Regulatory Approval or otherwise, the Parties will discuss in good faith mutually agree on which issued patent to extend, and Licensee in any event, the Parties understand and agree that a Licensed Patent or Joint Patent will have final decision making authority for which issued patent to extend, provided that the only patent rights owned or in-licensed by Aerpio or any of its Affiliates that may be extended by Licensee by operation (including in the U.S. upon Regulatory Approval thereof), if possible, in lieu of this Agreement are those Aerpio Core any other Patent Rights that Cover the applicable Right only if such Licensed ProductPatent or Joint Patent would extend longer than such other Patent Right.

Appears in 2 contracts

Samples: License Agreement (Surface Oncology, Inc.), License Agreement (Coherus BioSciences, Inc.)

Patent Term Extension. If elections with respect to obtaining patent term extension or supplemental protection certificates or their equivalents in any country with respect to any Licensed Product becomes available, upon Regulatory Approval or otherwise, [ * ] will have the Parties will discuss in good faith sole right to determine which issued patent to extend, and Licensee will have final decision making authority for which issued patent to extend, provided that the only patent rights owned or in-licensed by Aerpio or any of its Affiliates that may be extended by Licensee by operation of this Agreement are those Aerpio Core Patent Rights that Cover the applicable Licensed Product.

Appears in 2 contracts

Samples: Exclusive License Agreement (Eagle Pharmaceuticals, Inc.), Exclusive License Agreement (Eagle Pharmaceuticals, Inc.)

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Patent Term Extension. If elections with respect to obtaining patent term extension (including any pediatric exclusivity extensions as may be available) or supplemental protection certificates or their equivalents in any country with respect to any Licensed Product becomes Patent Rights or other patent rights covering the Licensed Products are available, upon Regulatory Approval or otherwise, the Parties will discuss shall cooperate in good faith to determine whether to make any such elections (which issued patent to extend, and Licensee will have final decision making authority for which issued patent to extend, provided that the only patent rights owned or in-licensed by Aerpio or may not necessarily result in an extension of any of its Affiliates the Licensed Patent Rights); provided however, that may be extended by Licensee by operation of this Agreement are those Aerpio Core Patent Rights that Cover Sigma shall have the applicable Licensed Productfinal authority to decide whether to make such elections.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Poniard Pharmaceuticals, Inc.)

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