Common use of Patent Term Extensions Clause in Contracts

Patent Term Extensions. With respect to Patent Rights within the Collaboration Compound IP with application in the Field, the Parties shall use Commercially Reasonable Efforts to obtain all available patent term extensions, adjustments or restorations, or supplementary protection certificates (“SPCs”, and together with patent term extensions, adjustments and restorations, “Patent Term Extensions”, in each case for such Patent Rights within Collaboration Compound IP with Field applicability). For Licensed Products with application in the Field in the Roche Territory, BPM shall execute such authorizations and other 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. BPM shall retain those rights for Licensed Products in the BPM Territory. All filings for such Patent Term Extensions shall be made by Roche for Licensed Products in the Roche Territory and by BPM for Licensed Products in the BPM Territory; provided, that in the event that the lead Party elects not to file for a Patent Term Extension, the lead Party shall (a) promptly inform the other Party of its intention not to file and (b) grant BPM the right to file for such Patent 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. The Parties shall cooperate with each other in gaining patent term restorations, extensions and/or SPCs wherever applicable to such Patent Rights within Collaboration Compound IP.

Patent Term Extensions. With respect to Patent Rights within the Collaboration Compound IP with application in the Field, the Parties shall use Commercially Reasonable Efforts to obtain all available patent term extensions, adjustments or restorations, or supplementary protection certificates (“SPCs”, and together with patent term extensions, adjustments and restorations, “Patent Term Extensions”, in each case for such Patent Rights within Collaboration Compound IP with Field applicability). For Licensed Products with application in the Field in the Roche Territory, BPM shall execute such authorizations and other 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. BPM shall retain those rights for Licensed Products in the BPM Territory. All filings for such Patent Term Extensions shall be made by Roche for Licensed Products in the Roche Territory and by BPM for Licensed Products in the BPM Territory; provided, that in the event that the lead Party elects not to file for a Patent Term Extension, the lead Party shall (a) promptly inform the other Party of its intention not to file and (b) grant BPM the right to file for such Patent 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. The Parties shall cooperate with each other in gaining patent term restorations, extensions and/or SPCs wherever applicable to such Patent Rights within Collaboration Compound IP.. ​

Patent Term Extensions. With respect to Patent Rights within the Collaboration Compound IP with application in the Field, the Parties AstraZeneca shall use Commercially Reasonable Efforts commercially reasonable efforts to obtain all available patent term extensions, adjustments or restorations, or supplementary protection certificates (“SPCs”, and together with patent term extensions, adjustments and restorations, “Patent Term Extensions”, in ) for each case for such Patent Rights within Collaboration Compound Product with respect to the AstraZeneca Background IP with Field applicability)and Key IP. For Licensed Products with application in the Field in the Roche Territory, BPM Pieris shall execute such authorizations and other documents and take such other actions as may be reasonably requested by Roche AstraZeneca to obtain such Patent Term Extensions, including designating Roche as its agent for such purpose as provided in 35 USC § 156. BPM shall retain those rights for Licensed Products in the BPM Territory. All filings for such Patent Term Extensions shall be made by Roche for Licensed Products in the Roche Territory and by BPM for Licensed Products in the BPM TerritoryAstraZeneca; provided, that in the event that the lead Party AstraZeneca elects not to file for a Patent Term Extension, the lead Party AstraZeneca shall (a) promptly inform the other Party Pieris of its intention not to file and (b) grant BPM Pieris the right to file for such Patent 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 and/or SPCs wherever applicable to such Patents. For avoidance of doubt, AstraZeneca shall not be permitted to apply for any Patent Rights within Collaboration Compound IPTerm Extensions using the Pieris Platform IP without the prior written consent of Pieris.

Patent Term Extensions. With respect to Patent Rights within the Collaboration Compound IP with application in the Field, the The Parties shall use Commercially Reasonable Efforts to obtain all available patent term extensions, adjustments or restorationsadjustments, restorations or supplementary protection certificates (“SPCs”, and together with patent term extensions, adjustments and restorationscollectively, “Patent Term Extensions”) applicable to the Hookipa Patent Rights, in each case for such the Roche Patent Rights within Rights, and the Joint Collaboration Compound IP with Field applicability)Patent Rights. For Licensed Products with application in clarity, Roche has the Field in sole right to file for Patent Term Extensions relating to Product Specific Patent Rights. This notwithstanding, Roche acknowledges that H▇▇▇▇▇▇’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 Territory, BPM shall obtain Hookipa’s consent (such consent not to be unreasonably withheld) before obtaining Patent Term Extensions of such Hookipa Patent Rights. H▇▇▇▇▇▇ shall execute such authorizations and other 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. BPM shall retain those rights for Licensed Products in the BPM Territory. All filings for such Patent Term Extensions shall be made by Roche for Licensed Products in the Roche Territory and by BPM for Licensed Products in the BPM TerritoryRoche; provided, that in the event that the lead Party Roche elects not to file for a Patent Term Extension, the lead Party Roche shall (a) promptly inform the other Party Hookipa of its intention not to file and (b) grant BPM Hookipa the right to file for such Patent 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 and/or SPCs Patent Term Extensions wherever applicable to such Hookipa Patent Rights, Roche Patent Rights within or Joint Collaboration Compound IPPatent Rights, and H▇▇▇▇▇▇ shall have the right to review and comment on any drafts related to obtaining such Patent Term Extensions.

Patent Term Extensions. With respect BPM shall have the sole right, but agrees to Patent Rights within consult with Roche on the Collaboration Compound IP with application in the Fieldstrategy and selection of Patent, the Parties shall use Commercially Reasonable Efforts to apply for and obtain all available any patent term extensionsextension or related extension of rights, adjustments or restorations, or including supplementary protection certificates (“SPCs”and similar rights, for any BPM Patents or Roche Patents in the Shared Territory or any Joint Collaboration Patents in the Shared Territory [***]. Roche shall have the sole right, but agrees to consult with BPM on the strategy and together with selection of patent, to apply for and obtain any patent term extensionsextension or related extension of rights, adjustments including supplementary protection certificates and restorationssimilar rights, “Patent Term Extensions”for any BPM Patents, in each case for such Patent Rights within Roche Patents or Joint Collaboration Compound IP with Field applicability). For Licensed Products with application in the Field Patents in the Roche Territory. If the Parties disagree on the appropriate strategy with respect to such an extension, the disagreement shall be resolved by the JSC. If the JSC is unable to reach consensus on the strategy, BPM shall execute such authorizations and other documents and take such other actions as may be reasonably requested by Roche have the final say with respect to obtain such Patent Term Extensions, including designating Roche as its agent for such purpose as provided in 35 USC § 156. BPM shall retain those rights for Licensed Products the matter in the BPM Territory. All filings for such Patent Term Extensions Shared Territory and Roche shall be made by Roche for Licensed Products have the final say with respect to the matter in the Roche Territory Territory; provided that each Party considers, reasonably ​ ​ ​ and by BPM for Licensed Products in good faith all input received from the other Party, and provided further that each Party exercises such final say in a manner reasonably believed to be in the BPM Territory; providedbest interests of the Development and Commercialization of Licensed Products. Each Party shall provide reasonable assistance to the other Party in connection with obtaining any such extensions for the Collaboration Patents consistent with such strategy. To the extent reasonably and legally required in order to obtain any such extension in a particular country, that each Party shall 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. In the event that the lead Party elects not to file for a Patent Term Extension, the lead Party shall (ai) promptly inform the other Party of its intention and reason not to file and (bii) grant BPM the other Party the right to file for such Patent 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. The Parties shall cooperate with each other in gaining patent term restorations, extensions and/or SPCs wherever applicable to such Patent Rights within Collaboration Compound IP.

Patent Term Extensions. With respect to Patent Rights within the Collaboration Compound IP with application in the Field, the The Parties shall use Commercially Reasonable Efforts to obtain all available patent term extensions, adjustments or restorations, or supplementary protection certificates (“SPCs”, and together with patent term extensions, adjustments and restorations, “Patent Term Extensions”, in each case for such Patent Rights within Collaboration Compound IP with Field applicability). For Licensed Products with application ) in the Field in the Roche Territory, BPM . Dicerna shall execute such authorizations and other documents and take such other actions as may be reasonably requested by Roche to obtain such Patent Term ExtensionsExtensions for relevant Specific Patent Rights, including designating Roche as its agent for such purpose as provided in 35 USC § 156. BPM shall retain those rights for Licensed Products in the BPM Territory. All filings for such Patent Term Extensions shall be made by Roche for Licensed Products in the Roche Territory and by BPM for Licensed Products in the BPM TerritoryRoche; provided, that in the event that the lead Party Roche elects not to file for a Patent Term Extension, the lead Party Roche shall (a) promptly inform the other Party Dicerna of its intention not to file and (b) grant BPM Dicerna the right to file for such Patent 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. The Parties shall cooperate with each other in gaining patent term restorations, extensions and/or SPCs wherever applicable to such Dicerna Patent Rights within Collaboration Compound IPRights; provided, however, that notwithstanding anything to the contrary herein, Dicerna shall have the sole right to decide on Patent Term Extensions of the GalXC Platform Patent Rights.

Patent Term Extensions. With respect to Patent Rights within the Collaboration Compound IP with application in the Field, the Parties AstraZeneca shall use Commercially Reasonable Efforts commercially reasonable efforts to obtain all available patent term extensions, adjustments or restorations, or supplementary protection certificates (“SPCs”, and together with patent term extensions, adjustments and restorations, “Patent Term Extensions”, in ) for each case for such Patent Rights within Collaboration Compound Product with respect to the AstraZeneca Background IP with Field applicability)and Key IP. For Licensed Products with application in the Field in the Roche Territory, BPM Pieris shall execute such authorizations and other documents and take such other actions as may be reasonably requested by Roche AstraZeneca to obtain such Patent Term Extensions, including designating Roche as its agent for such purpose as provided in 35 USC § 156. BPM shall retain those rights for Licensed Products in the BPM Territory. All filings for such Patent Term Extensions shall be made by Roche for Licensed Products in the Roche Territory and by BPM for Licensed Products in the BPM TerritoryAstraZeneca; provided, that in the event that the lead Party AstraZeneca elects not to file for a Patent Term Extension, the lead Party AstraZeneca shall (a) promptly inform the other Party Pieris of its intention not to file and (b) grant BPM Pieris the right to file for such Patent 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 and/or SPCs wherever applicable to such Patents. For avoidance of doubt, AstraZeneca shall not be permitted to apply for any Patent Rights within Collaboration Compound IP.Term Extensions using the Pieris Platform IP without the prior written consent of Pieris. Confidential