Common use of Patent Term Extensions Clause in Contracts

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) and other extensions of the Isconova Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewith.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) certificates, patent term restorations, and other extensions (collectively, “Extensions”) of the Isconova Acceleron Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensionsExtensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs Extensions wherever applicable to Isconova Acceleron Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension holder of the applicable NDA may determine what Extensions of any such Patent Rights or any SPC related thereto may do soshall be made; provided that, if in any country the first Party such holder has an option to extend the patent term for only one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for such an Extension, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such Extensions, as determined by the holder of the applicable NDA, shall be made by the Party to whom responsibility for Prosecution of the Acceleron Patent Rights or Joint Patent Rights are assigned, and the owner of record of the applicable Patent Right shall assist with such filings; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an Extension, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such Extension in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewith. The THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patentsParties acknowledge and agree that (i) pursuant to the Shire Agreement, Shire and Acceleron will consult in selecting Patent Rights to extend the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restorationwith respect to “Licensed Products” under the Shire Agreement, and Shire shall make the Parties shall select decision in good faith a strategy that shall maximize patent protection all countries of the world other than those of North America with respect to such “Licensed Products” under the Shire Agreement, and commercial value for each Licensed Product. All the filings for such extensions and certificates shall Extensions with respect thereto will be made by the Party to whom responsibility party who is responsible for Prosecution of the Isconova Prosecuting Patent Rights or Joint under the Shire Agreement, and, as such, Celgene’s rights under this Section 8.9 are subject to Shire’s prior rights; and (ii) Acceleron shall keep Celgene informed of all elections with respect to Extensions made pursuant to the Shire Agreement that affect Acceleron Patent Rights are assignedRights, and, to the extent that Shire is making any such elections, Acceleron shall use commercially reasonable efforts to cause Shire to take the actions specified by this Section 8.9 in a manner consistent with the Shire Agreement; provided that, that Acceleron will not be in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party breach of its intention obligations under this Section 8.9 if, after using such commercially reasonable efforts, it is unable to comply with such obligations because of actions taken or not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithtaken by Shire.

Patent Term Extensions. The Parties EPIZYME and CELGENE shall use reasonable efforts discuss and seek to obtain all available supplementary protection certificates (“SPC”) and other extensions reach mutual agreement for which, if any, of the Isconova Patent Rights and Joint Patent Rights (including those available under Patents within the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorationsEPIZYME Patents, extensions or SPCs wherever applicable to Isconova Patent Rights CELGENE Patents or Joint Patent Rights. The Party first eligible to seek patent term restoration Collaboration Patents, in each case that Cover Licensed Compounds, Licensed Products or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restorationDiagnostic Products, the Parties shall select apply to obtain patent term extensions, adjustments, restorations, or supplementary protection certificates under applicable Laws, based on the best commercial interests of the Licensed Products or Diagnostic Products Covered by such Patents; it being understood and agreed that, (a) if CELGENE seeks a patent term extension, then EPIZYME agrees to negotiate in good faith a strategy that shall maximize patent protection and commercial value with respect to any measures required by applicable Law for each Licensed Product. All filings for CELGENE to obtain such extensions and certificates shall extension, which in no event will involve any reduction in payments to be made to EPIZYME by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, CELGENE and (b) grant if EPIZYME seeks a patent term extension, then CELGENE agrees to negotiate in good faith with respect to any measures required by applicable Law for EPIZYME to obtain such extension, which in no event will involve any reduction in payments to be made to EPIZYME by CELGENE. If the other Party Parties are unable to reach mutual agreement, EPIZYME shall have the right to file make the final decision with respect to EPIZYME Patents, CELGENE Provided Compound Patents, CELGENE Collaboration Patents and Joint Collaboration Patents that Cover Licensed Products (other than Licensed Products for such extension or SPC which EPIZYME has exercised its EPIZYME Opt-Out pursuant to Section 3.8) in the Patent Rights’ owner’s nameEPIZYME Territory and EPIZYME Patents and Joint Collaboration Patents that do not Cover Licensed Products, and (c) provide all necessary assistance CELGENE shall have the right to make the final decision with respect to EPIZYME Patents, CELGENE Patents and Joint Collaboration Patents that Cover Licensed Products in connection therewiththe CELGENE Territory.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) Cubist will, in its sole discretion, after discussing its strategy with Chiron and other extensions reasonably considering Chiron’s comments, in each country in the Territory, determine for which, if any, of the Isconova Patent Rights Patents within the Cubist Patents and Joint Patents, the Parties will apply to extend the patent term with respect to Licensed Products, as provided for * CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED WITH THE COMMISSION in patent term extension laws or regulations in the Territory similar to the Patent Rights Term Restoration Act or other similar laws and regulations affording an extension or restoration of patent terms in the United States, which similar laws and regulations shall include without limitation any Supplementary Protection Certificates. Chiron shall not make any submissions, filings or other communications with any governmental agency with respect to patent term restoration (including those or other similar grant of a monopoly right with respect to any Licensed Product) for any Patents within the Cubist Patents or Joint Patents without Cubist’s express consent. Chiron will cooperate fully with Cubist in making such filings at Cubist’s sole expense which may include without limitation, making available under regulatory data and information for such purpose. Notwithstanding anything in the Xxxxx-Xxxxxx Act). Each Party foregoing provisions of this Section 8.3 to the contrary, in the event that Cubist, in its sole discretion, makes a determination not to seek an extension within the Territory of the patent term of any Cubist Patent or Joint Patent in the Territory with respect to Licensed Products, then Cubist shall execute provide Chiron with thirty (30) days prior written notice of such authorizations determination, or reasonable notice if the period for determination is less than thirty (30) days, and other documents shall provide Chiron with the opportunity, at Chiron’s sole discretion and sole cost and expense, to make submissions and filings, and take such other actions as may be reasonably requested by required, on behalf of Cubist to extend within the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining Territory the patent term restorations, extensions or SPCs wherever applicable to Isconova of any Cubist Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party Territory with respect to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithLicense Products.

Patent Term Extensions. The Parties During the Term, upon Xxxxxxx’x written request (which shall be by a written notice identifying the date of the applicable Marketing Approval of a Licensed Product and the deadline for filing a patent term extension, supplemental protection certificate or their equivalent (each a “Patent Term Extension”)), the Party prosecuting a relevant Patent Right shall use reasonable efforts efforts, in each country or jurisdiction where Marketing Approval for any such Licensed Product has been obtained, and if the Applicable Law of such country or jurisdiction permits application for a Patent Term Extension, to obtain all available supplementary protection certificates apply, at the reasonable direction of Xxxxxxx’x Patent Representative, for a Patent Term Extension for a patent within the TRACON Program Patents or TRACON-Owned Development Program Patents including a Valid Claim Covering such Licensed Product, which patent (“SPC”if any) shall be selected at Xxxxxxx’x reasonable judgment after considering the opinion of Xxxxxxx’x patent counsel regarding its eligibility for a Patent Term Extension. Xxxxxxx shall have the right to: (a) identify in any list of patents in a Drug Approval Application for a Licensed Product with respect to such Program the applicable Xxxxxxx Program Patent(s), TRACON Program Patent(s) and other extensions Development Program Patent(s), as Xxxxxxx reasonably believes is appropriate; (b) for clarity, commence an Action for any Product Infringement of any such TRACON Program Patent(s) or TRACON-Owned Development Program Patent(s) under Applicable Law as permitted under Section 6.2.2; and (c) subject to specific limitations of this Agreement, exercise any rights that may be exercisable by a patent owner, including applying for a Patent Term Extension, of any TRACON Program Patent(s) or TRACON-Owned Development Program Patent(s) pertaining to an approved Licensed Product licensed to Xxxxxxx and Commercialized by Xxxxxxx during the Term. TRACON agrees to cooperate with Xxxxxxx and its Affiliate and Third Party (sub)licensees of Licensed Products, as applicable, upon Xxxxxxx’x reasonable request in the exercise of the Isconova Patent Rights authorizations under this Section, and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party TRACON shall execute such authorizations and other documents and take such other actions additional action as Xxxxxxx may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance request in connection therewith, provided that Xxxxxxx shall reimburse TRACON all reasonable out-of-pocket costs incurred by TRACON in taking such action.

Patent Term Extensions. The Parties will confer regarding the desirability of seeking in any country any patent term extension, supplemental patent protection or related extension of rights with respect to the Product Specific Patents. BMS shall use reasonable efforts have the sole right, but not the obligation, to obtain all available supplementary apply for any such extension or protection. Neither Party will proceed with such an extension until the Parties have consulted with one another and agreed to a strategy therefor, provided that in the case where the Parties are unable to reach consensus, BMS will have the final decision-making authority with respect to such decision; provided further that such decision will be made in accordance with Applicable Law so as to maximize marketing exclusivity for the Product in the Field. Without limiting the foregoing, CytomX covenants that it will not seek patent term extensions, supplemental protection certificates (“SPC”) and other certificates, or similar rights or extensions for the Product Specific Patents without the prior written consent of the Isconova Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act)BMS, not to be unreasonably withheld. Each Party shall execute such authorizations will cooperate fully with and other documents and take such other actions as may be reasonably requested by provide all reasonable assistance to the other Party and use all commercially reasonable efforts consistent with its obligations under Applicable Law (including any applicable consent order or decree) in connection with obtaining any such extensions for the Product Specific Patents consistent with such strategy. To the extent reasonably and legally required in order to obtain any such extensionsextension in a particular country, each Party will make available to the other a copy of the necessary documentation to enable such other Party to use the same for the purpose of obtaining the extension in such country. The Parties shall cooperate with each other in gaining If BMS seeks a patent term restorationsextension, extensions supplemental patent protection or SPCs wherever applicable related extension of rights with respect to Isconova any BMS Patent covering a Product, then for the purpose of calculating the Royalty Term, the last-to-expire Patent among the CytomX Patent Rights or Joint Product Specific Patent Rightswill be deemed to be extended by the same amount of time as the BMS Patent. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party ***Certain information contained herein has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult been omitted and filed separately with the other Party before making Securities and Exchange Commission. Confidential treatment has been requested with respect to the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithomitted portions.

Patent Term Extensions. The Parties During the License Term with respect to a Program, upon Licensee’s written request (which shall be by a written notice identifying the date of the applicable Marketing Approval of a Licensed Product with respect to such Program and the deadline for filing a patent term extension, supplemental protection certificate or their equivalent (each a “Patent Term Extension”)), the Party prosecuting a relevant Patent Right shall use reasonable efforts efforts, in each country or jurisdiction where Marketing Approval for any such Licensed Product has been obtained, and if the Applicable Law of such country or jurisdiction permits application for a Patent Term Extension, to obtain all available supplementary protection certificates apply, at the reasonable direction of Licensee’s Patent Representative, for a Patent Term Extension for a patent within the Xxxxxxx Program Patents or Xxxxxxx-Owned Development Program Patents including a Valid Claim Covering such Licensed Product, which patent (“SPC”if any) shall be selected at Licensee’s reasonable judgment after considering the opinion of Licensee’s patent counsel regarding its eligibility for a Patent Term Extension. Licensee shall have the right to: (a) identify in any list of patents in a Drug Approval Application for a Licensed Product with respect to such Program the applicable Xxxxxxx Program Patent(s), Licensee Program Patent(s) and other extensions Development Program Patent(s), as Licensee reasonably believes is appropriate; (b) for clarity, commence an Action for any Product Infringement of any such Xxxxxxx Program Patent(s) or Xxxxxxx-Owned Development Program Patent(s) under Applicable Law as permitted under Section 7.4.2; and (c) subject to specific limitations of this Agreement, exercise any rights that may be exercisable by a patent owner, including applying for a Patent Term Extension, of any Xxxxxxx Program Patent(s) or Xxxxxxx-Owned Development Program Patent(s) pertaining to an approved Licensed Product with respect to such Program licensed to Licensee and Commercialized by Licensee during the License Term with respect to such Program. Xxxxxxx agrees to cooperate with Licensee and its Affiliate and Third Party sublicensees of Licensed Products, as applicable, upon Licensee’s reasonable request in the exercise of the Isconova Patent Rights authorizations under this Section, and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party Xxxxxxx shall execute such authorizations and other documents and take such other actions additional action as Licensee may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance request in connection therewith, provided that Licensee shall reimburse Xxxxxxx all reasonable out-of-pocket costs incurred by Xxxxxxx in taking such action.

Patent Term Extensions. The Parties AstraZeneca shall use commercially reasonable efforts to obtain all available patent term extensions, adjustments or restorations, or supplementary protection certificates (“SPCSPCs”, and together with patent term extensions, adjustments and restorations, “Patent Term Extensions”) for each Product with respect to the AstraZeneca Background IP and Key IP. Pieris shall execute such authorizations and other extensions documents and take such other actions as may be reasonably requested by AstraZeneca to obtain such Patent Term Extensions. All filings for such Patent Term Extensions shall be made by AstraZeneca; provided, that in the event that AstraZeneca elects not to file for a Patent Term Extension, AstraZeneca shall (a) promptly inform Pieris of its intention not to file and (b) grant Pieris the Isconova right to file for such Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act)Term Extension. Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. Pieris shall not and shall procure that its Affiliates and licensees shall not apply for a Patent Term Extension for PRS-060 in the [***] Grant-Back Field without AstraZeneca's prior written consent. The Parties shall cooperate with each other in gaining patent term restorations, extensions or and/or SPCs wherever applicable to Isconova such Patents. For avoidance of doubt, AstraZeneca shall not be permitted to apply for any Patent Rights or Joint Patent RightsTerm Extensions using the Pieris Platform IP without the prior written consent of Pieris. The Party first eligible Portions of the exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to seek patent term restoration or extension the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of any such Patent Rights or any SPC related thereto may do so; provided thatthe Securities Exchange Act of 1934, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A as amended. CONFIDENTIAL TREATMENT REQUESTREQUESTED Confidential 11. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewith.CONFIDENTIALITY & PUBLICATION

Patent Term Extensions. The Parties Subject to the terms of each In-License Agreement, Agios shall use reasonable efforts have the first right to select the appropriate Agios Patent Rights and Licensee shall have the first right to select the appropriate Joint Combination Therapy Patent Rights for filing to obtain all available patent term extensions, including supplementary protection certificates (“SPC”) and any other extensions of that are now available or become available in the Isconova Patent Rights future, based on Regulatory Approvals for Licensed Products in the Field in the Territory, and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first selecting Party shall consult with the other Party before making with respect to such decisions and shall consider the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection comments and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution concerns of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant in good faith. Each Party shall cooperate with the other Party the right in gaining any such patent term extensions, including by signing all necessary papers. If Licensee elects not to, or is unable to, file to obtain any patent term extension described in this Section 9.05 (Patent Term Extensions), it shall give Agios prompt notice thereof, and, in such cases, shall permit Agios at Agios’ own expense to take such actions itself. If Agios elects not, or is unable to, to file to obtain any patent term extension described in this Section 9.05 (Patent Term Extensions), it shall give Licensee prompt notice thereof, and, in such cases, Licensee may, with Agios’ prior written consent (which may not be unreasonably withheld), take such actions itself at its own expense. In such case, such first Party shall execute such documents and perform such acts as may be reasonably necessary for such extension other Party to perform such actions. In seeking or SPC obtaining patent term extensions (including supplementary protection certificates and any other extensions that are now available or become available in the future) with respect to Agios Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithno event shall Licensee take any position that is contrary to or detrimental to the scope or enforceability of any other Agios Patent Right.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) certificates, patent term restorations, and other extensions (collectively, “Extensions”) of the Isconova Acceleron Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensionsExtensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs Extensions wherever applicable to Isconova Acceleron Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension holder of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. applicable NDA may determine what Extensions of any such Patent Rights shall be made; provided that, if in any country such holder has an option to extend the patent term for only one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restorationsuch an Extension, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates Extensions, as determined by the holder of the applicable NDA, shall be made by the Party to whom responsibility for Prosecution of the Isconova Acceleron Patent Rights or Joint Patent Rights are assigned, and the owner of record of the applicable Patent Right shall assist with such filings; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPCExtension, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC Extension in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewith. The Parties acknowledge and agree that (i) pursuant to the Shire Agreement, Shire and Acceleron will consult in selecting Patent Rights to extend the patent term with respect to “Licensed Products” under the Shire Agreement, and Shire shall make the decision in all countries of the world other than those of North America with respect to such “Licensed Products” under the Shire Agreement, and the filings for Extensions with respect thereto will be made by the party who is responsible for Prosecuting Patent Rights under the Shire Agreement, and, as such, Celgene’s rights under this Section 8.9 are subject to Shire’s prior rights; and (ii) Acceleron shall keep Celgene informed of all elections with respect to Extensions made pursuant to the Shire Agreement that affect Acceleron Patent Rights, and, to the extent that Shire is making any such elections, Acceleron shall use commercially reasonable efforts to cause Shire to take the actions specified by this Section 8.9 in a manner consistent with the Shire Agreement; provided that Acceleron will not be in breach of its obligations under this Section 8.9 if, after using such commercially reasonable efforts, it is unable to comply with such obligations because of actions taken or not taken by Shire.

Patent Term Extensions. The ESC will discuss and recommend for which, if any, of the Patents within the Chroma Patents and Joint Patents the Parties should seek Patent Term Extensions. Chroma, in the case of the Chroma Patents, and CTI in the case of the Joint Patents, shall use have the final decision-making authority with respect to applying for any such Patent Term Extensions, and will act with reasonable promptness in light of the development stage of Products to apply for any such Patent Term Extensions, where it so elects; provided, however, that if in a particular country or jurisdiction only one such Patent can obtain a Patent Term Extension, then the Parties will consult in good faith to determine which such Patent should be the subject of efforts to obtain all available supplementary protection certificates (“SPC”) a Patent Term Extension, and other extensions in any event CTI’s decision on such matter will control in the case of a disagreement with regard to the Isconova Patent Rights Licensed Territory and Joint Patent Rights (including those available under Chroma’s decision on such matters will control in the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by case of disagreement with regard to the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent RightsROW Territory. The Party first eligible to seek patent term restoration or that does not apply for an extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult hereunder will cooperate fully with the other Party before in making the election. If more than one patent is eligible such filings or actions, for extension or patent term restorationexample and without limitation, the Parties shall select in good faith a strategy that shall maximize patent protection making available all required regulatory data and commercial value information and executing any required authorizations to apply for each Licensed Productsuch Patent Term Extension. All filings expenses incurred in connection with activities of each Party with respect to the Patent(s) for which such extensions and certificates Party seeks Patent Term Extensions pursuant to this Section 9.5 shall be made entirely borne by such Party. Chroma shall only be obliged to comply with the provisions of this Section 9.5 with respect to any Chroma Patent which is licensed to Chroma under the Vernalis Agreement to the extent that Chroma is not prohibited to do so pursuant to the terms of the Vernalis Agreement, provided that in any event Chroma shall use commercially reasonable efforts to cause Vernalis to comply with these provisions. If, despite Chroma’s commercially reasonable efforts, Chroma is not able to cause Vernalis to so comply, CTI’s commercial diligence obligations under Section 6.4 shall be equitably adjusted in light of such lack of compliance. CTI’s rights under this Section 9.5 will ** Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. **** Indicates that the amount of information omitted was a page or more in length, and such information has been filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. be correspondingly limited by the Party rights which Chroma is able to whom responsibility for Prosecution of exercise pursuant to the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithVernalis Agreement.

Patent Term Extensions. The Parties shall use reasonable efforts With respect to obtain all available any system for extending the term of Patent Rights in the Territory or supplementary protection certificates (“SPC”) and any other extensions that are now or become available in the future under Applicable Laws in any country or region in the Territory, in each case, due to the time needed to obtain Regulatory Approval of a pharmaceutical product established by any applicable Regulatory Authority or other Governmental Authority in any region in the Isconova Territory (a “Patent Term Extension”), or adjusting the term of Patent Rights in the Territory due to the time needed to prosecute and obtain a grant of a Patent Right under Applicable Laws in any region in the Territory (a “Patent Term Adjustment”), (a) Kiniksa will have the right, but not the obligation, and will be solely responsible for making all decisions regarding Patent Term Extensions or Patent Term Adjustments in the Territory that are applicable to Kiniksa Patent Rights, Kiniksa Manufacturing Patent Rights, or Joint Collaboration Patent Rights and that become available for a patent included in the Kiniksa Patent Rights, Kiniksa Manufacturing Patent Rights, or Joint Collaboration Patent Rights provided that Kiniksa will consult with Partner with respect to such decisions and consider the reasonable comments and concerns raised by Partner; and (including those b) Partner will have the right, but not the obligation, and will be solely responsible for making all decisions regarding Patent Term Extensions, and Patent Term Adjustments in the Territory that are applicable to Partner Collaboration Patent Rights and that become available under for the Xxxxx-Xxxxxx Act)Licensed Product in the Territory or following issuance of a patent included in the Partner Collaboration Patent Rights; provided that Partner will consult with Kiniksa with respect to such decisions and consider the reasonable comments and concerns raised by Kiniksa. The Party holding the MAA for the Licensed Product in the Territory will make the appropriate filings and applications in the Territory in order to effectuate each Party’s decisions regarding Patent Term Extensions, or Patent Term Adjustments in the Territory in accordance with the foregoing sentence. Each Party shall execute such authorizations and will cooperate with the other documents and take such other actions as may be Party to the extent reasonably requested required by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorationseffectuate the intent of this Section 14.7 (Patent Term Extensions), extensions or SPCs wherever applicable including providing to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restorationall ​ ​ documentation, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s namecertifications, and (c) provide all consents necessary assistance in connection therewithto make and prosecute such application and obtain such Patent Term Extension or Patent Term Adjustment.

Patent Term Extensions. The Parties EpiCept shall promptly notify Durect of the issuance of each new patent included within the EpiCept Licensed Patents where a patent term extension, adjustment or restoration, or supplementary protection certificate (an “SPC,” and together with patent term extensions, adjustments and restorations, “Patent Term Extension”) is possible in the Territory, giving the date of issue and patent number for each such patent. Durect shall use reasonable efforts Commercially Reasonable Efforts to obtain all available supplementary protection certificates (“SPC”) and other extensions Patent Term Extensions of the Isconova Patent Rights and Joint Patent Rights such EpiCept Licensed Patents (including those available under the XxxxxHxxxx-Xxxxxx Act). Each Party EpiCept shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party Durect to obtain such extensionsPatent Term Extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs obtaining Patent Term Extensions wherever applicable to Isconova Patent Rights or Joint Patent Rightssuch EpiCept Licensed Patents. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided thatIf, if in any country jurisdiction in the first Party Territory, Durect has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall Durect will consult with the other Party EpiCept before making the election. If more than one patent EpiCept Licensed Patents is eligible for extension or patent term restorationPatent Term Extension, the Parties shall select in good faith agree upon a strategy that shall will maximize patent protection and commercial value for each Licensed ProductProduct in the relevant jurisdiction. All filings for such extensions and certificates Patent Term Extensions shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assignedDurect at its sole cost and expense; provided thatprovided, that in the event that the Party to whom such responsibility is assigned Durect elects not to file for an extension or SPCa Patent Term Extension, such Party Durect shall (a) promptly inform the other Party EpiCept of its intention not to file, file and (b) grant the other Party EpiCept the right to file for such extension Patent Term Extension. Durect acknowledges that pursuant to the EXXXX Licenses, Endo Pharmaceuticals, Inc., and/or Adolor Corporation may independently seek Patent Term Extensions of one or SPC in more of the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithEpiCept Licensed Patents.

Patent Term Extensions. The Parties EpiCept shall promptly notify Durect of the issuance of each new patent included within the EpiCept Licensed Patents where a patent term extension, adjustment or restoration, or supplementary protection certificate (an “SPC,” and together with patent term extensions, adjustments and restorations, “Patent Term Extension”) is possible in the Territory, giving the date of issue and patent number for each such patent. Durect shall use reasonable efforts Commercially Reasonable Efforts to obtain all available supplementary protection certificates (“SPC”) and other extensions Patent Term Extensions of the Isconova Patent Rights and Joint Patent Rights such EpiCept Licensed Patents (including those available under the Xxxxx-Xxxxxx Act). Each Party EpiCept shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party Durect to obtain such extensionsPatent Term Extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs obtaining Patent Term Extensions wherever applicable to Isconova Patent Rights or Joint Patent Rightssuch EpiCept Licensed Patents. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided thatIf, if in any country jurisdiction in the first Party Territory, Durect has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall Durect will consult with the other Party EpiCept before making the election. If more than one patent EpiCept Licensed Patents is eligible for extension or patent term restorationPatent Term Extension, the Parties shall select in good faith agree upon a strategy that shall will maximize patent protection and commercial value for each Licensed ProductProduct in the relevant jurisdiction. All filings for such extensions and certificates Patent Term Extensions shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assignedDurect at its sole cost and expense; provided thatprovided, that in the event that the Party to whom such responsibility is assigned Durect elects not to file for an extension or SPCa Patent Term Extension, such Party Durect shall (a) promptly inform the other Party EpiCept of its intention not to file, file and (b) grant the other Party EpiCept the right to file for such extension Patent Term Extension. Durect acknowledges that pursuant to the XXXXX Licenses, Endo Pharmaceuticals, Inc., and/or Adolor Corporation may independently seek Patent Term Extensions of one or SPC in more of the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithEpiCept Licensed Patents.

Patent Term Extensions. The Parties shall use reasonable efforts Commercially Reasonable Efforts to obtain all available patent term extensions, adjustments, restorations or supplementary protection certificates (collectively, “SPCPatent Term Extensions”) applicable to the Hookipa Patent Rights, the Roche Patent Rights, and the Joint Collaboration Patent Rights. For clarity, Roche has the sole right to file for Patent Term Extensions relating to Product Specific Patent Rights. This notwithstanding, Roche acknowledges that Hxxxxxx’s internal patent strategies and business considerations as well as obligations under any applicable Existing Third Party License will be taken into account. With respect to the Hookipa Patent Rights, but excluding Product-Specific Patent Rights, Roche shall obtain Hookipa’s consent (such consent not to be unreasonably withheld) before obtaining Patent Term Extensions of such Hookipa Patent Rights. Hxxxxxx shall execute such authorizations and other extensions documents and take such other actions as may be reasonably requested by Roche to obtain such Patent Term Extensions, including designating Roche as its agent for such purpose as provided in 35 USC § 156. All filings for such Patent Term Extensions shall be made by Roche; provided, that in the event that Roche elects not to file for a Patent Term Extension, Roche shall (a) promptly inform Hookipa of its intention not to file and (b) grant Hookipa the Isconova right to file for such Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act)Term Extension. Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensionsPatent Term Extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs Patent Term Extensions wherever applicable to Isconova such Hookipa Patent Rights, Roche Patent Rights or Joint Collaboration Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party and Hxxxxxx shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party have the right to file for review and comment on any drafts related to obtaining such extension or SPC in the Patent Rights’ owner’s name, Term Extensions. Certain information has been excluded from this agreement (indicated by “[***]”) HOOKIPA PHARMA INC. has determined such information (i) is not material and (cii) provide all necessary assistance in connection therewithwould be competitively harmful if publicly disclosed.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) Immunomedics and other extensions of the Isconova Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties Licensee shall cooperate with each other in good faith in gaining patent term restorations, extensions or SPCs Patent Term Extensions wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patentsImmunomedics Patents, the first Party shall consult with Licensee Patents and the other Party before making Joint Collaboration Patents in the electionTerritory. If more than one patent is eligible for extension or patent term restorationIn the event, the Parties shall select cannot reach an agreement for which Immunomedics Patent(s), Licensee Patent(s) or Joint Collaboration Patent(s) to seek Patent Term Extensions for any particular compound, protein, composition, article, product, process or use such dispute will be resolved by the binding recommendation of patent counsel mutually agreed to by both Parties, such recommendation to be ordered within *** in good faith a strategy that shall maximize the applicable country. Such patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates counsel shall be made by unaffiliated with either Party and shall not have represented either Party at any time during the Party previous ***. ***such***. Notwithstanding the forgoing, Licensee shall not object to whom responsibility Immunomedics’ decision with respect to a Patent Term Extension, if Licensee cannot reasonably demonstrate that such decision would have a material adverse effect on the market exclusivity for Prosecution the Product in the Field in the Territory (it being understood that an extension of the Isconova Patent Rights or Joint Patent Rights are assigned; provided thatRoyalty Term and, if applicable, the Post-Royalty Term, in and of itself shall not constitute such a material adverse effect). For the event that purpose of registering a Patent Term Extension for the Party Immunomedics Patent(s) or a Joint Collaboration Patent for which Immunomedics is the Lead Prosecuting Party, with respect to whom such responsibility is assigned elects not to file all applications for an extension or SPC, such Party shall (a) inform Regulatory Approvals for the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC Product in the Patent Rights’ owner’s nameField in the Territory, Licensee shall provide Immunomedics with written notice of any expected Regulatory *** Portion for which confidential treatment requested. Approval at least *** prior to the expected date of Regulatory Approval thereof, as well as notice within *** of receiving each Regulatory Approval confirming the date of such Regulatory Approval. The cost of obtaining such patent term extensions shall be borne by Immunomedics with respect to all Immunomedics Patents, by Licensee with respect to Licensee Patents and (c) provide all necessary assistance in connection therewithequally with respect to the Joint Collaboration Patents.

Patent Term Extensions. The Parties shall use reasonable efforts With respect to obtain all available any system for extending the term of Patent Rights in the Territory or supplementary protection certificates (“SPC”) and any other extensions that are now or become available in the future under Applicable Laws in any country or region in the Territory, in each case, due to the time needed to obtain Regulatory Approval of a pharmaceutical product established by any applicable Regulatory Authority or other Governmental Authority in any region in the Isconova Territory (a “Patent Term Extension”), or adjusting the term of Patent Rights in the Territory due to the time needed to prosecute and obtain a grant of a Patent Right under Applicable Laws in any region in the Territory (a “Patent Term Adjustment”), (a) Kiniksa will have the right, but not the obligation, and will be solely responsible for making all decisions regarding Patent Term Extensions or Patent Term Adjustments in the Territory that are applicable to Kiniksa Patent Rights, or Joint Collaboration Patent Rights and that become available for a patent included in the Kiniksa Patent Rights, or Joint Collaboration Patent Rights provided that Kiniksa will consult with Partner with respect to such decisions and consider the reasonable comments and concerns raised by ​ ​ ​ Partner; and (including those b) Partner will have the right, but not the obligation, and will be solely responsible for making all decisions regarding Patent Term Extensions, and Patent Term Adjustments in the Territory that are applicable to Partner Collaboration Patent Rights and that become available under for the Xxxxx-Xxxxxx Act)Licensed Product in the Territory or following issuance of a patent included in the Partner Collaboration Patent Rights; provided that Partner will consult with Kiniksa with respect to such decisions and consider the reasonable comments and concerns raised by Kiniksa. The Party holding the MAA for the Licensed Product in the Territory will make the appropriate filings and applications in the Territory in order to effectuate each Party’s decisions regarding Patent Term Extensions, or Patent Term Adjustments in the Territory in accordance with the foregoing sentence. Each Party shall execute such authorizations and will cooperate with the other documents and take such other actions as may be Party to the extent reasonably requested required by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorationseffectuate the intent of this Section 14.7 (Patent Term Extensions), extensions or SPCs wherever applicable including providing to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restorationall documentation, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s namecertifications, and (c) provide all consents necessary assistance in connection therewithto make and prosecute such application and obtain such Patent Term Extension or Patent Term Adjustment.

Patent Term Extensions. The Parties During the Term, upon GSK’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 efforts, in each country or jurisdiction where Regulatory Approval for any such Licensed Product has been obtained, and if the Applicable Law of such country or jurisdiction permits application for a Patent Term Extension, to obtain all available supplementary protection certificates apply, at the reasonable direction of GSK’s designated patent counsel, for a Patent Term Extension for a patent within the Arrowhead Patent Rights including a Valid Claim Covering such Licensed Product, which patent (“SPC”if any) shall be selected at GSK’s reasonable judgment after considering the opinion of GSK’s patent counsel regarding its eligibility for a Patent Term Extension. GSK shall have the right to: (a) identify in any list of Patent Rights in a Drug Application the applicable Arrowhead Patent Rights as GSK reasonably believes is appropriate; (b) commence suit for any Product Infringement of any such Arrowhead Patent Rights under Applicable Law as permitted under Section 8.4.2; and other extensions (c) exercise any rights that may be exercisable by a patent owner, including applying for a Patent Term Extension, of any Arrowhead Patent Rights pertaining to an approved Licensed Product Commercialized by GSK hereunder. Arrowhead agrees to cooperate with GSK and its Affiliate and Sublicensees, upon GSK’s reasonable request in the exercise of the Isconova Patent Rights authorizations granted under this Section 8.6, and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party Arrowhead shall execute such authorizations and other documents and take such other actions additional action as GSK may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance request in connection therewith., including, if requested by GSK, permitting Arrowhead to be joined as a party in any suit for Product Infringement brought by GSK hereunder on the terms and conditions set forth in Section 8.4.2, provided that GSK shall reimburse Arrowhead all reasonable Out-of- Pocket Costs incurred by Arrowhead in taking such action. 8.7

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“"SPC”") and other extensions of the Isconova Patent Rights and Joint Patent Rights (including those available under the XxxxxHatch-Xxxxxx Waxman Act)) Covering or claiming RNAi Therapeutic Products. Each Party Eacx Xxxty shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or and/or SPCs wherever applicable to Isconova Patent Rights or Joint such Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may shall have the right to do so; provided thatprovided, that if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith agree upon a strategy that shall maximize patent protection and commercial value for each Licensed ProductRNAi Therapeutic Products. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution prosecution and maintenance of the Isconova Patent Rights or Joint such Patent Rights are assigned; provided that, provided, that in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (ai) inform the other Party of its intention not to file, file and (bii) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, patentee's name and (c) such Party shall provide all necessary assistance in connection therewith. The provisions of this Section 11.9 shall also apply to Patent Rights Covering or claiming a MERCK Development Product to the extent such Patent Rights are included in ALNYLAM Technology licensed to MERCK with respect to such MERCK Development Product pursuant to Section 7.1 and to a [**] Product to the extent such Patent Rights are included in MERCK Technology licensed to ALNYLAM with respect to such [**] Product pursuant to Section 7.1.

Patent Term Extensions. The Parties As long as Xxxxxxx retains Commercialization rights for a Licensed Product under Section 2.1.2, upon Xxxxxxx’x 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 efforts, in each country or jurisdiction where Regulatory Approval for any Licensed Product has been obtained, and if the Applicable Law of such country or jurisdiction permits application for a Patent Term Extension, to obtain all available supplementary protection certificates apply, at the reasonable direction of Xxxxxxx’x designated patent counsel, for a Patent Term Extension for a patent within the Geron Product Patent Rights including a Valid Claim Covering such Licensed Product, which patent (“SPC”if any) shall be selected at Xxxxxxx’x reasonable judgment after considering the opinion of Xxxxxxx’x patent counsel regarding its eligibility for a Patent Term Extension. Xxxxxxx shall have the right to: (a) identify in any list of patents in a Drug Application the applicable Geron Product Patent Right(s) and other extensions Development Program Patent Right(s), as Xxxxxxx reasonably believes is appropriate; (b) commence suit for any Product Infringement of any such Geron Product Patent Right(s) or Development Program Patent Right(s) under Applicable Law as permitted under Section 10.4.2; and (c) exercise any rights that may be exercisable by a patent owner, including applying for a Patent Term Extension, of any Geron Product Patent Right(s) or Development Program Patent Right(s) pertaining to an approved Licensed Product Commercialized by Xxxxxxx hereunder. Geron agrees to cooperate with Xxxxxxx and its Affiliate and Third Party sublicensees of Licensed Products, as applicable, upon Xxxxxxx’x reasonable request in the exercise of the Isconova Patent Rights authorizations granted under this Section, and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party Geron shall execute such authorizations and other documents and take such other actions additional action as Xxxxxxx may reasonably request in connection therewith, including, if requested by Xxxxxxx, permitting Geron to be joined as a party in any suit for Product Infringement brought by Xxxxxxx hereunder on the terms and conditions set forth in Section 10.4.2, provided that Xxxxxxx shall reimburse Geron all reasonable out-of-pocket costs incurred by Geron in taking such action. Geron agrees to cooperate with Xxxxxxx and its Affiliate and Third Party sublicensees of Licensed Products, as applicable, upon Xxxxxxx’x reasonable request in the exercise of the authorizations granted under this Section, and subject to any surviving rights granted by Geron to any Third Party and Geron’s obligations remaining under [*] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. applicable Existing Third Party Agreements then in effect (pursuant to their terms as of the Execution Date, except as such may be amended by Geron with Xxxxxxx’x prior written consent), Geron shall execute such documents and take such additional action as Xxxxxxx may reasonably requested by request in connection therewith, including using reasonable efforts to procure the other Party cooperation of any Inferior Rights Holders, such that Xxxxxxx shall have (i) the first and a superior right (in relation to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable any Inferior Rights Holders) to Isconova select from all Geron Product Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such and Development Program Patent Rights in a particular country or any SPC related thereto may do so; provided that, if jurisdiction a particular Patent Right for which it will pursue a Patent Term Extension in any such country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s nameapplication, and (cii) provide all necessary assistance in connection therewiththe first and a superior right to enforce and defend any patents within the Geron Product Patent Rights and Development Program Patent Rights against infringement pertaining to a Third Party’s Licensed Product or a Generic Product.

Patent Term Extensions. The Parties Subject to the terms of the In-License Agreements as set forth in Section 7.5, Editas shall use reasonably cooperate with Juno, including providing reasonable assistance to Juno (including executing any documents as may reasonably be required), in efforts to seek and obtain all available supplementary protection certificates (“SPC”) and other extensions of the Isconova Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension supplemental protection certificates or the like or their equivalents in any country in the Territory, where applicable to Editas Licensed Background Patents (excluding any Editas Licensed Background Patents licensed under an In-License Agreement), Editas Licensed Collaboration Patents, Joint Collaboration Patents or Joint Patents, or any other Patent Rights Controlled by Juno (or any of its Affiliates), including as may be available to the Parties under the provisions of the U.S. Drug Price Competition and Patent Term Restoration Act of 1984 or comparable laws outside the United States, in each case, in connection with any Licensed Product. If elections with respect to obtaining such patent term restoration or supplemental protection certificates or the like or their equivalents are to be made in connection therewith, Juno shall have the right to make the election, and Editas agrees to abide by such election, provided that, with respect to Editas Licensed Collaboration Patents or Editas Licensed Background Patents (excluding any Editas Licensed Background Patents licensed under an In-License Agreement for which Juno shall have no right to make such an election), Juno has (i) given Editas reasonable advance notice of its intention to extend any such Patent Rights; (ii) engaged in good faith discussions with Editas regarding its intention to extend any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select and (iii) in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for considered any argument by Editas to not extend such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided thatfor business reasons. Without limiting the foregoing, in the event that the Party to whom such responsibility is assigned elects Editas will not to file for an extension or SPC, such Party shall (and will cause its Affiliates not to) extend (a) inform the other Party of its intention not any Editas Licensed Background Patents or Editas Licensed Collaboration Patent, with respect to file, any Licensed Product or (b) grant the other Party the right to file for such extension any Joint Collaboration Patent or SPC Joint Patent, in the Patent Rights’ owner’s name, each case ((a) and (c) provide all necessary assistance b)), without the prior written approval of Juno, in connection therewithits sole discretion.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) consult and other extensions of the Isconova Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining obtaining patent term restorationsextensions, extensions adjustments, or SPCs wherever applicable restorations or supplemental protection certificates or their equivalents (each a “Patent Extension” and collectively “Patent Extensions”) in the Territory for the Licensed Patents and Joint Patents to Isconova Patent Rights the extent they Cover Licensed Compounds, Licensed Products, or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do sothe Monotherapy Regimen; provided that, if in any country (a) Incyte shall have the first Party has an option primary right and authority to extend the patent term seek and apply for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH Patent Extensions with respect to Licensed Patents and Joint Patents that [* * **] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONclaim Monoclonal Antibodies, subject to review and comment by MacroGenics, which Incyte shall consider in good faith; (b) MacroGenics shall have the primary right and authority to seek and apply for Patent Extensions with respect to Licensed Patents and Joint Patents that [**] claim bi- or multi-specific antibodies, subject to review and comment by Incyte, which MacroGenics shall consider in good faith; and (c) the Parties shall discuss in good faith and shall mutually agree upon whether to seek and apply for Patent Extensions with respect to any Patents [**] Monoclonal Antibodies and [**]. one of several patentsIn the event that a Party does not intend to seek a Patent Extension that is or will become available for a Licensed Patent or Joint Patent, it shall so inform the first other Party shall consult in writing in sufficient time to permit the other Party to seek such Patent Extension. The Party that does not apply for a Patent Extension hereunder will cooperate fully with the other Party before in making the election. If more than one patent is eligible such filings or actions, including making available all required regulatory data and Information and executing any required authorizations to apply for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Productsuch Patent Extension. All filings for such extensions and certificates shall be made by out-of-pocket expenses incurred in connection with activities of each Party with respect to the Party to whom responsibility for Prosecution of the Isconova Patent Rights Licensed Patent(s) or Joint Patent Rights are assigned; provided that, in Patent(s) [**] = 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 event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithCommission.

Patent Term Extensions. The Parties shall notify each other of the issuance of each patent included within the Durect, Endo and Joint Patents where a patent term extension, adjustment or restoration, or supplementary protection certificate (an “SPC,” and together with patent term extensions, adjustments and restorations, “Patent Term Extensions”) is possible in the Licensed Territory, giving the date of issue and patent number for each such patent. Endo shall use reasonable efforts Commercially Reasonable Efforts to obtain all available supplementary protection certificates (“SPC”) and other extensions Patent Term Extensions of the Isconova Patent Rights and such Durect, Endo or Joint Patent Rights Patents (including those available under the Xxxxx-Xxxxxx Act). Each Party Durect shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party Endo to obtain such extensionsPatent Term Extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs obtaining Patent Term Extensions wherever applicable to Isconova Patent Rights such Durect, Endo or Joint Patent RightsPatents. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if If in any country in the first Party Licensed Territory Endo has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall Endo will consult with the other Party Durect before making the election. If more than one patent Durect, Endo or Joint Patent is eligible for extension or patent term restorationPatent Term Extension in the Licensed Territory, the Parties shall select in good faith agree upon a strategy that shall will maximize patent protection and commercial value for each Licensed the Product. All filings for such extensions and certificates Patent Term Extensions in the Licensed Territory shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assignedEndo at its sole cost and expense; provided thatprovided, that in the event that the Party to whom such responsibility is assigned Endo elects not to file for an extension or SPCa Patent Term Extension in the Licensed Territory, such Party Endo shall (a) promptly inform the other Party Durect of its intention not to file, file and (b) grant the other Party Durect the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithTerm Extension.

Patent Term Extensions. The Parties Each Party shall use reasonable efforts have the sole right and authority, in consultation with the other Party, to apply for and obtain all available any Patent term extension or related extension of rights, including supplementary protection certificates and similar rights (collectively, “SPCPatent Term Extensions”) ), for any Galapagos Patent, Gilead Collaboration Patent or Joint Collaboration Patent, in each case, in its Respective Territory. If the Parties disagree on the appropriate strategy with respect to any Patent Term Extension for any Galapagos Patent, Gilead Collaboration Patent or Joint Collaboration Patent, then such dispute shall be subject to resolution by the JSC; provided that if the JSC is unable to reach consensus on the strategy, then each Party shall have final decision-making authority with respect to such strategy in its Respective Territory and neither Party shall have the right to escalate such dispute beyond the JSC. In exercising such final decision-making authority after consideration by the JSC, each Party shall consider, reasonably and in good faith, all input received from the other extensions of the Isconova Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act)Party. Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by provide reasonable assistance to the other Party in connection with applying for and obtaining any Patent Term Extensions for any Galapagos Patent, Gilead Collaboration Patent or Joint Collaboration Patent. To the extent reasonably and legally required in order to obtain any Patent Term Extension in any country, each Party shall make available to the other a copy of the necessary documentation Controlled by such extensionsParty to enable such other Party to use the same for the purpose of obtaining such Patent Term Extension in such country. The Parties shall cooperate Any Patent Costs incurred in connection with each other in gaining patent term restorationsany Patent Term Extension for any Galapagos Patent, extensions or SPCs wherever applicable to Isconova Gilead Collaboration Patent Rights or Joint Collaboration Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made borne by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file applying for such extension or SPC in the Patent Rights’ owner’s nameTerm Extension. Option, License and (c) provide all necessary assistance in connection therewith.Collaboration Agreement

Patent Term Extensions. The Parties Each party shall notify the other party of the issuance of each patent included within the Curis Patent Rights, P&G Patent Rights or Joint Patent Rights that claim any Product, including the composition of any ingredient, its manufacture or use, where extension is possible, giving the date of issue and patent number for each such patent. Subject to Curis’ obligations [**], the parties shall use reasonable efforts Commercially Reasonable Efforts to obtain all available supplementary protection certificates (“SPC”) and other extensions of the Isconova Patent Rights and Joint such Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party party to obtain such extensions. The Parties parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs and/or supplementary protection certificates (“SPC”) wherever applicable to Isconova Curis Patent Rights, P&G Patent Rights or Joint Patent RightsRights covering Products to the extent practicable in light of Curis’ obligations [**]. The Party party first eligible to seek patent term restoration or extension of any such Patent Rights patent or any SPC related thereto may shall have the right to do so; provided thatprovided, that if in any country the first Party party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall party will consult with the other Party party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties RSC shall select in good faith agree upon a strategy that shall will maximize patent protection and commercial value for each Licensed ProductProducts. All filings for such extensions and certificates shall be made by the Party party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are patent is assigned; provided that, provided, that in the event that the Party party to whom such responsibility the patent is assigned elects not to file for an extension or SPC, such Party party shall (ai) inform the other Party party of its intention not to file, file and (bii) grant the other Party party the right to file for such extension or SPC in certificate on behalf of such party. The parties acknowledge that Curis’ patent obligations [**] may take precedence over P&G’s rights, but the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithparties agree to use diligent efforts to keep each other informed of such precedence as they arise.

Patent Term Extensions. The Parties shall use reasonable efforts discuss and seek to obtain all available supplementary protection certificates reach mutual agreement for which, if any, of the Patents within the Licensed Patents (“SPC”including Jointly Owned Product Patents) and other extensions of the Isconova Patent Rights and Joint Patent Rights (including those available under Aveo Patents, in each case in the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by Aveo Territory, the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option apply to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patentswith respect to Licensed Products, pursuant to patent term extension laws or regulations or Supplemental Protection Certificate laws and regulations in the first Party shall consult with the other Party before making the electionAveo Territory. If more than one patent is eligible for extension or patent term restoration, the Parties shall select cannot reach agreement as to whether to apply to extend the term of a particular Patent in good faith the Aveo Territory, then if the Patent is an Aveo Patent or a strategy Licensed Patent that shall maximize patent protection is specific to Licensed Compound(s), Licensed Product(s) or any method(s) of making or using any of them (and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by therefore does not affect other products outside the Party to whom responsibility for Prosecution scope of the Isconova Patent Rights or Joint Patent Rights are assigned; provided thatlicense to Aveo (“License-Specific Licensed Patents”)), in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party Aveo shall (a) inform the other Party of its intention not to file, (b) grant the other Party have the right to file make the final decision, provided that if Aveo determines to extend an Aveo Patent (where applicable, if permitted under the agreement by which Aveo obtained its license rights to such Aveo Patent), but a Licensed Patent could have been extended instead, then the claims in such Licensed Patent shall continue for purposes of determining all affected Royalty Terms to be deemed “Valid Claims” throughout the term of the extension that was available for the Licensed Patent, notwithstanding that they will have earlier expired. For Licensed Patents that are not Joint Patents and are not License-Specific Licensed Patents, if Aveo wishes to extend any such extension or SPC other Licensed Patents, Kirin’s consent is required in the Patent Rights’ ownerKirin’s name, and (c) provide all necessary assistance in connection therewithsole discretion.

Patent Term Extensions. The Parties As long as Xxxxxxx retains Commercialization rights for any Licensed Product, upon Xxxxxxx’x 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 efforts, in each country or jurisdiction where Regulatory Approval for any such Licensed Product has been obtained, and if the Applicable Law of such country or jurisdiction permits application for a Patent Term Extension, to obtain all available supplementary protection certificates apply, at the reasonable direction of Xxxxxxx’x designated patent counsel, for a Patent Term Extension for a patent within the Arrowhead Patent Rights including a Valid Claim Covering such Licensed Product, which patent (“SPC”if any) shall be selected at Xxxxxxx’x reasonable judgment after considering the opinion of Xxxxxxx’x patent counsel regarding its eligibility for a Patent Term Extension. Xxxxxxx shall have the right to: (a) identify in any list of patents in a Drug Application the applicable Arrowhead Patent Right(s) as Xxxxxxx reasonably believes is appropriate; (b) commence suit for any Product Infringement of any such Arrowhead Patent Right(s) under Applicable Law as permitted under Section 10.4.2 and other extensions 10.4.3; and (c) exercise any rights that may be exercisable by a patent owner, including applying for a Patent Term Extension, of any Arrowhead Patent Right(s) pertaining to an approved Licensed Product Commercialized by Xxxxxxx hereunder. Arrowhead agrees to cooperate with Xxxxxxx and its Affiliate and Third Party sublicensees of Licensed Products, as applicable, upon Xxxxxxx’x reasonable request in the exercise of the Isconova Patent Rights authorizations granted under this Section, and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party Arrowhead shall execute such authorizations and other [**] = 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. EXECUTION VERSION documents and take such other actions additional action as Xxxxxxx may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance request in connection therewith, including, if requested by Xxxxxxx, permitting Arrowhead to be joined as a party in any suit for Product Infringement brought by Xxxxxxx hereunder on the terms and conditions set forth in Section 10.4.2 and 10.4.3, provided that Xxxxxxx shall reimburse Arrowhead all reasonable Out-of-Pocket Costs incurred by Arrowhead in taking such action.

Patent Term Extensions. The Parties shall use reasonable efforts With respect to any system for extending the term of Patent Rights in the Territory due to the time needed to obtain all available Regulatory Approval of a pharmaceutical product established by any applicable Regulatory Authority in any region in the Territory (a “Patent Term Extension”), adjusting the term of Patent Rights in the Territory due to the time needed to prosecute and obtain a grant of a Patent Right under Applicable Laws in any region in the Territory (a “Patent Term Adjustment”), or supplementary protection certificates and any other extensions that are now or become available in the future under Applicable Laws in any region in the Territory (“SPCOther Extensions”), (a) Blueprint will have the right, but not the obligation, and other extensions of will be solely responsible for making all decisions regarding Patent Term Extensions, Patent Term Adjustments, or Other Extensions in the Isconova Territory that are applicable to Blueprint Patent Rights, Blueprint Manufacturing Patent Rights, or Joint Collaboration Patent Rights and that become available directly as a result of the Regulatory Approval of a Licensed Product in the Territory or following issuance of a patent included in the Blueprint Patent Rights, Blueprint Manufacturing Patent Rights, or Joint Collaboration Patent Rights provided that Blueprint will consult with Zai with respect to such decisions and consider [****] the reasonable comments and concerns raised by Xxx; and (including those b) Xxx will have the right, but not the obligation, and will be solely responsible for making all decisions regarding Patent Term Extensions, Patent Term Adjustments, and Other Extensions in the Territory that are applicable to Zai Collaboration Patent Rights and that become available under directly as a result of the Xxxxx-Xxxxxx Act)Regulatory Approval of a Licensed Product in the Territory or following issuance of a patent included in the Zai Collaboration Patent Rights; provided that Zai will consult with Blueprint with respect to such decisions and consider [****] the reasonable comments and concerns raised by Blueprint. Each The Party shall execute such authorizations holding the MAA for the applicable Licensed Product in the Territory will make the appropriate filings and applications in the Territory in order to effectuate each Party’s decisions regarding Patent Term Extensions, Patent Term Adjustments, or Other Extensions in the Territory in accordance with the foregoing sentence. The Party holding the MAA for the applicable Licensed Product in the Territory will cooperate with the other documents and take such other actions as may be Party to the extent reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorationseffectuate the intent of this Section 14.7 (Patent Term Extensions), extensions or SPCs wherever applicable including providing to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restorationall documentation, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s namecertifications, and (c) provide all consents necessary assistance in connection therewithto make and prosecute such application and obtain such Patent Term Extension, Patent Term Adjustment, or Other Extension.

Patent Term Extensions. The Parties EPIZYME and CELGENE shall use reasonable efforts discuss and seek to obtain all available supplementary protection certificates (“SPC”) and other extensions reach mutual agreement for which, if any, of the Isconova Patent Rights and Joint Patent Rights (including those available under Patents within the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorationsEPIZYME Patents, extensions or SPCs wherever applicable to Isconova Patent Rights CELGENE Patents or Joint Patent Rights. The Party first eligible to seek patent term restoration Collaboration Patents, in each case that Cover Licensed Compounds, Licensed Products or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restorationDiagnostic Products, the Parties shall select apply to obtain patent term extensions, adjustments, restorations, or supplementary protection certificates under applicable Laws, based on the best commercial interests of the Licensed Products or Diagnostic Products Covered by such Patents; it being understood and agreed that, (a) if CELGENE seeks a patent term extension, then EPIZYME agrees to negotiate in good faith a strategy that shall maximize patent protection and commercial value with respect to any measures required by applicable Law for each Licensed Product. All filings for CELGENE to obtain such extensions and certificates shall extension, which in no event will involve any reduction in payments to be made to EPIZYME by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, CELGENE and (b) grant if EPIZYME seeks a patent term extension, then CELGENE agrees to negotiate in good faith with respect to any measures required by applicable Law for EPIZYME to obtain such extension, which in no event will involve any reduction in payments to be made to EPIZYME by CELGENE. If the other Party Parties are unable to reach mutual agreement, EPIZYME shall have the right to file make the final decision with respect to EPIZYME Patents, CELGENE Provided Compound Patents, CELGENE Collaboration Patents and Joint Collaboration Patents that Cover Licensed Products (other than Licensed Products for such extension which EPIZYME has exercised its EPIZYME Pre-IND Opt-Out pursuant to Section 2.4, its EPIZYME Post-EOP1 Clinical Opt-Out pursuant to Section 2.5, or SPC its EPIZYME Late Stage Opt-Out pursuant to Section 2.6) in the Patent Rights’ owner’s nameEPIZYME Territory and EPIZYME Patents and Joint Collaboration Patents that do not Cover Licensed Products, and (c) provide all necessary assistance CELGENE shall have the right to make the final decision with respect to EPIZYME Patents, CELGENE Patents and Joint Collaboration Patents that Cover Licensed Products in connection therewiththe CELGENE Territory.

Patent Term Extensions. The Parties Subject to the provisions of any Alnylam In-License, Alnylam shall use reasonable efforts Commercially Reasonable Efforts to obtain all available supplementary protection certificates (“SPC”) and other extensions of Alnylam Product-Specific Patents in the Isconova Genzyme Territory. If more than one Alnylam Product-Specific Patent Rights is eligible for extension or patent term restoration in the Genzyme Territory, Genzyme will determine, in its sole discretion, a strategy that will be designed to maximize patent protection and Joint commercial value for the Licensed Product, and the Parties, subject to the provisions of any In-License, will seek patent term extensions, restorations and SPCs for Alnylam Product-Specific Patents in the Genzyme Territory in accordance with that strategy. If Genzyme determines not to so file for any SPC for any Alnylam Product-Specific Patent Rights (including those available in the Genzyme Territory, it will give notice of such determination to Alnylam at least [**] days prior to the date on which such a filing must be made or the right to do so is lost, and Alnylam will have the right to make such filing. Where required under national law, Alnylam will make the Xxxxxfilings for such extensions, restorations and SPCs for Alnylam Product-Xxxxxx Act)Specific Patents in the Genzyme Territory as directed by Genzyme. Each Party shall will execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain any such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or restorations and SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Alnylam Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, -Specific Patents in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithGenzyme Territory.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) and other extensions of the Isconova Celgene Patent Rights, Acceleron Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Celgene Patent Rights, Acceleron Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided thatprovided, that if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. term for only one of several patents, the first Party shall consult with the other Party before making the election; provided, further that, notwithstanding the foregoing, if, at the time the first Party becomes eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto, the other Party is Developing or Commercializing a Licensed Product in their respective Subfield, then the decisions to seek any such patent term restoration or extension of any such Patent Rights or any SPC related thereto and, if applicable, elect one of several patents for which to extend the patent term shall require the mutual consent of both Parties. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Celgene Patent Rights, Acceleron Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewith.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) certificates, patent term restorations, and other extensions (collectively, “Extensions”) of the Isconova Acceleron Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensionsExtensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs Extensions wherever applicable to Isconova Acceleron Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension holder of the applicable NDA may determine what Extensions of any such Patent Rights or any SPC related thereto may do soshall be made; provided that, if in any country the first Party such holder has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND REPLACED WITH “[* * *]”. SUCH IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS (I) NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF DISCLOSED. more than one patent is eligible for extension or patent term restorationsuch an Extension, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates Extensions, as determined by the holder of the applicable NDA, shall be made by the Party to whom responsibility for Prosecution of the Isconova Acceleron Patent Rights or Joint Patent Rights are assigned, and the owner of record of the applicable Patent Right shall assist with such filings; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPCExtension, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC Extension in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewith. The Parties acknowledge and agree that (i) pursuant to the Shire Agreement, Shire and Acceleron will consult in selecting Patent Rights to extend the patent term with respect to “Licensed Products” under the Shire Agreement, and Shire shall make the decision in all countries of the world other than those of North America with respect to such “Licensed Products” under the Shire Agreement, and the filings for Extensions with respect thereto will be made by the party who is responsible for Prosecuting Patent Rights under the Shire Agreement, and, as such, Celgene’s rights under this Section 8.9 are subject to Shire’s prior rights; and (ii) Acceleron shall keep Celgene informed of all elections with respect to Extensions made pursuant to the Shire Agreement that affect Acceleron Patent Rights, and, to the extent that Shire is making any such elections, Acceleron shall use commercially reasonable efforts to cause Shire to take the actions specified by this Section 8.9 in a manner consistent with the Shire Agreement; provided that Acceleron will not be in breach of its obligations under this Section 8.9 if, after using such commercially reasonable efforts, it is unable to comply with such obligations because of actions taken or not taken by Shire.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) consult and other extensions of the Isconova Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining obtaining patent term restorationsextensions, extensions adjustments, or SPCs wherever applicable restorations or supplemental protection certificates or their equivalents (each a “Patent Extension” and collectively “Patent Extensions”) in the Territory for the Licensed Patents and Joint Patents to Isconova Patent Rights the extent they Cover Licensed Compounds, Licensed Products, or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do sothe Monotherapy Regimen; provided that, if in any country (a) Incyte shall have the first Party has an option primary right and authority to extend the patent term seek and apply for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH Patent Extensions with respect to Licensed Patents and Joint Patents that [* * **] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONclaim Monoclonal Antibodies, subject to review and comment by MacroGenics, which Incyte shall consider in good faith; (b) MacroGenics shall have the primary right and authority to seek and apply for Patent Extensions with respect to Licensed Patents and Joint Patents that [**] claim bi- or multi-specific antibodies, subject to review and comment by Incyte, which MacroGenics shall consider in good faith; and (c) the Parties shall discuss in good faith and shall mutually agree upon whether to seek and apply for Patent Extensions with respect to any Patents [**] Monoclonal Antibodies and [**]. one of several patentsIn the event that a Party does not intend to seek a Patent Extension that is or will become available for a Licensed Patent or Joint Patent, it shall so inform the first other Party shall consult in writing in sufficient time to permit the other Party to seek such Patent Extension. The Party that does not apply for a Patent Extension hereunder will cooperate fully with the other Party before in making the election. If more than one patent is eligible such filings or actions, including making available all required regulatory data and Information and executing any required authorizations to apply for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Productsuch Patent Extension. All filings out-of-pocket expenses incurred in connection with activities of each Party with respect to the Licensed Patent(s) or Joint Patent(s) for which such extensions and certificates Party seeks a Patent Extension pursuant to this Section 9.4 shall be made entirely borne by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithParty.

Patent Term Extensions. The Parties will confer regarding the desirability of seeking in any country any patent term extension, supplemental patent protection or related extension of rights with respect to the Product Specific Patents. BMS shall use reasonable efforts have the sole right, but not the obligation, to obtain all available supplementary apply for any such extension or protection. Neither Party will proceed with such an extension until the Parties have consulted with one another and agreed to a strategy therefor, provided that in the case where the Parties are unable to reach consensus, BMS will have the final decision-making authority with respect to such decision; provided further that such decision will be made in accordance with Applicable Law so as to maximize marketing exclusivity for the Product in the Field. Without limiting the foregoing, CytomX covenants that it will not seek patent term extensions, supplemental protection certificates (“SPC”) and other certificates, or similar rights or extensions for the Product Specific Patents without the prior written consent of the Isconova Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act)BMS, not to be unreasonably withheld. Each Party shall execute such authorizations will cooperate fully with and other documents and take such other actions as may be reasonably requested by provide all reasonable assistance to the other Party and use all commercially reasonable efforts consistent with its obligations under Applicable Law (including any applicable consent order or decree) in connection with obtaining any such extensions for the Product Specific Patents consistent with such strategy. To the extent reasonably and legally required in order to obtain any such extensionsextension in a particular country, each Party will make available to the other a copy of the necessary documentation to enable such other Party to use the same for the purpose of obtaining the extension in such country. The Parties shall cooperate with each other in gaining If BMS seeks a patent term restorationsextension, extensions supplemental patent protection or SPCs wherever applicable related extension of rights with respect to Isconova any BMS Patent covering a Product, then for the purpose of calculating the Royalty Term, the last-to-expire Patent among the CytomX Patent Rights or Joint Product Specific Patent Rights. The Party first eligible will be deemed to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made extended by the Party same amount of time as the BMS Patent. ***Certain information contained herein has been omitted pursuant to whom responsibility for Prosecution of Regulation S-K 601(b)(10). Confidential treatment has been granted with respect to the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewithomitted portions.

Patent Term Extensions. The Parties As long as Xxxxxxx retains Commercialization rights for any Licensed Product, upon Xxxxxxx’x 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 efforts, in each country or [**] = Portions of this exhibit have been omitted pursuant to obtain all available supplementary protection certificates a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. EXECUTION VERSION jurisdiction where Regulatory Approval for any such Licensed Product has been obtained, and if the Applicable Law of such country or jurisdiction permits application for a Patent Term Extension, to apply, at the reasonable direction of Xxxxxxx’x designated patent counsel, for a Patent Term Extension for a patent within the Arrowhead Patent Rights including a Valid Claim Covering such Licensed Product, which patent (“SPC”if any) shall be selected at Xxxxxxx’x reasonable judgment after considering the opinion of Xxxxxxx’x patent counsel regarding its eligibility for a Patent Term Extension. Xxxxxxx shall have the right to: (a) identify in any list of patents in a Drug Application the applicable Arrowhead Patent Right(s) as Xxxxxxx reasonably believes is appropriate; (b) commence suit for any Product Infringement of any such Arrowhead Patent Right(s) under Applicable Law as permitted under Section 10.4.2 and other extensions 10.4.3; and (c) exercise any rights that may be exercisable by a patent owner, including applying for a Patent Term Extension, of any Arrowhead Patent Right(s) pertaining to an approved Licensed Product Commercialized by Xxxxxxx hereunder. Arrowhead agrees to cooperate with Xxxxxxx and its Affiliate and Third Party sublicensees of Licensed Products, as applicable, upon Xxxxxxx’x reasonable request in the exercise of the Isconova Patent Rights authorizations granted under this Section, and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party Arrowhead shall execute such authorizations and other documents and take such other actions additional action as Xxxxxxx may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance request in connection therewith, including, if requested by Xxxxxxx, permitting Arrowhead to be joined as a party in any suit for Product Infringement brought by Xxxxxxx hereunder on the terms and conditions set forth in Section 10.4.2 and 10.4.3, provided that Xxxxxxx shall reimburse Arrowhead all reasonable Out-of-Pocket Costs incurred by Arrowhead in taking such action.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) As between VectivBio and other extensions of the Isconova Patent Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorationsAKP, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform VectivBio shall (i) seek, in VectivBio’s (or Ferring’s) name if so required by Applicable Laws, Patent Term Extensions (including any supplemental protection certificates and the like available under Applicable Laws) in the Territory in relation to the VectivBio Patent that Covers the Compound contained in the Product (i.e., Busshitsu Patent), unless otherwise requested by AKP, and (ii) have the first right, but not the obligation, to seek, in VectivBio’s (or Ferring’s) name if so required by Applicable Laws, Patent Term Extensions (including any supplemental protection certificates and the like available under Applicable Laws) in the Territory in relation to any other Party of its intention not to fileVectivBio Patents, and (b) grant AKP shall have (i) the other Party second right, but not the right obligation, to file for such extension seek, in VectivBio’s (or SPC Ferring’s) name if so required by Applicable Laws, Patent Term Extensions (including any supplemental protection certificates and the like available under Applicable Laws) in the Patent Rights’ owner’s nameTerritory in relation to the VectivBio Patents (other than Busshitsu Patent), and (cii) provide all necessary assistance the exclusive right, but not the obligation, to seek, in AKP’s (or VectivBio’s) name if so required by Applicable Laws, Patent Term Extensions (including any supplemental protection certificates and the like available under Applicable Laws) in the Territory in relation to the AKP Patents and Joint Patents. AKP and VectivBio shall cooperate in connection therewithwith all such activities. If VectivBio decides to seek such Patent Term Extensions, VectivBio shall perform all procedures necessary to effect Patent Term Extensions for VectivBio Patents at VectivBio’s cost and expense, and if AKP decides to seek such Patent Term Extensions, AKP shall perform all procedures necessary to effect Patent Term Extensions for VectivBio Patents, AKP Patents and Joint Patents at AKP’s cost and expense. VectivBio, its agents and attorneys will give due consideration to all suggestions and comments of AKP regarding any such activities.

Patent Term Extensions. The Parties As long as Xxxxxxx retains Commercialization rights for any Licensed Product, upon Xxxxxxx’x written request (which shall be by a written 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 efforts, in each country or jurisdiction where Regulatory Approval for any such Licensed Product has been obtained, and if the Applicable Law of such country or jurisdiction permits application for a Patent Term Extension, to obtain all available supplementary protection certificates apply, at the reasonable direction of Xxxxxxx’x designated patent counsel, for a Patent Term Extension for a patent within the Achillion Background Patent Rights or Development Program Patent Rights including a Valid Claim Covering such Licensed Product, which patent (“SPC”if any) shall be selected at Xxxxxxx’x reasonable judgment after considering the opinion of Xxxxxxx’x patent counsel regarding its eligibility for a Patent Term Extension. Xxxxxxx shall have the right to: (a) identify in any list of patents in a Drug Application the applicable Achillion Background Patent Right(s) and other extensions Development Program Patent Right(s), as Xxxxxxx reasonably believes is appropriate; (b) commence suit for any Product Infringement of any such Achillion Background Patent Right(s) or Development Program Patent Right(s) under Applicable Law as permitted under Section 10.4.2; and (c) exercise any rights that may be exercisable by a patent owner, including applying for a Patent Term Extension, of any Achillion Background Patent Right(s) or Development Program Patent Right(s) pertaining to an approved Licensed Product licensed and Commercialized by Xxxxxxx hereunder. Achillion agrees to cooperate with Xxxxxxx and its Affiliate and Third Party sublicensees of Licensed Products, as applicable, upon Xxxxxxx’x reasonable request in the exercise of the Isconova Patent Rights authorizations granted under this Section 10.6, and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party Achillion shall execute such authorizations and other documents and take such other actions additional action as Xxxxxxx may reasonably request in connection therewith, including, if requested by Xxxxxxx, permitting Achillion to be joined as a party in any suit for Product Infringement brought by Xxxxxxx hereunder on the terms and conditions set forth in Section 10.4.2, provided that Xxxxxxx shall reimburse Achillion all reasonable out-of-pocket costs incurred by Achillion in taking such action. Achillion agrees to cooperate with Xxxxxxx and its Affiliate and Third Party sublicensees of Licensed Products, as applicable, upon Xxxxxxx’x reasonable request in the exercise of the authorizations granted under this Section 10.6, and subject to any surviving rights granted by Achillion to any Third Party and Achillion’s obligations remaining under applicable Existing Third Party Agreements of Achillion then in effect (pursuant to their terms as of the Execution Date, except as such may be amended by Achillion with Xxxxxxx’x prior written consent), Achillion shall execute such documents and take such additional action as Xxxxxxx may reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance request in connection therewith.

Patent Term Extensions. The Parties shall use reasonable efforts to obtain all available supplementary protection certificates (“SPC”) and other extensions of the Isconova Acceleron Patent THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Rights and Joint Patent Rights (including those available under the Xxxxx-Xxxxxx Act). Each Party shall execute such authorizations and other documents and take such other actions as may be reasonably requested by the other Party to obtain such extensions. The Parties shall cooperate with each other in gaining patent term restorations, extensions or SPCs wherever applicable to Isconova Acceleron Patent Rights or Joint Patent Rights. The Party first eligible to seek patent term restoration or extension of any such Patent Rights or any SPC related thereto may do so; provided that, if in any country the first Party has an option to extend the patent term for only THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. one of several patents, the first Party shall consult with the other Party before making the election. If more than one patent is eligible for extension or patent term restoration, the Parties shall select in good faith a strategy that shall maximize patent protection and commercial value for each Licensed Product. All filings for such extensions and certificates shall be made by the Party to whom responsibility for Prosecution of the Isconova Acceleron Patent Rights or Joint Patent Rights are assigned; provided that, in the event that the Party to whom such responsibility is assigned elects not to file for an extension or SPC, such Party shall (a) inform the other Party of its intention not to file, (b) grant the other Party the right to file for such extension or SPC in the Patent Rights’ owner’s name, and (c) provide all necessary assistance in connection therewith.