Common use of Patent Term Extensions Clause in Contracts

Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining patent term extension (including those extensions available under U.S. Drug Price Competition and Patent Term Restoration Act of 1984, the Supplementary Certificate of Protection of Member States of the EU and other similar measures in any other country) wherever applicable to Patent Rights Controlled by either Party that Cover the Licensed Product in the Territory. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, the patent or the claims of the patent shall be selected on the basis of the scope, enforceability and remaining term of the patent in the relevant country or region. All filings for such extensions shall be made by the Party owning such patent or, in the case of Patent Rights included in the Joint Collaboration IP, by the Party responsible for filing, prosecuting and maintaining such Patent Rights in accordance with this Section 9.4.

Appears in 3 contracts

Samples: Option and License Agreement (Aveo Pharmaceuticals, Inc.), Option and License Agreement (Aveo Pharmaceuticals Inc), Option and License Agreement (Aveo Pharmaceuticals Inc)

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Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining patent term extension extensions (including those extensions available under U.S. Drug Price Competition and Patent Term Restoration Act of 1984, the Supplementary Certificate of Protection of Member States of the EU and other similar measures in any other country) wherever applicable to Patent Rights Controlled by either Party that Cover the Licensed Product in the Territory. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, the patent or the claims of the patent shall be selected on the basis of the scope, enforceability and remaining term of the patent in the relevant country or region. All filings for such extensions shall be made by the Party owning Controlling such patent or, in the case of Patent Rights included in the Joint Collaboration IP, by the Party responsible for filing, prosecuting and maintaining such Patent Rights in accordance with this Section 9.48.3.

Appears in 2 contracts

Samples: License and Collaboration Agreement (Cubist Pharmaceuticals Inc), License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.)

Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining patent term extension extensions (including those extensions available under U.S. Drug Price Competition and Patent Term Restoration Act of 1984, the Supplementary Certificate of Protection of Member States of the EU and other similar measures in any other country) wherever applicable to Patent Rights Controlled by either Party that Cover the Licensed Product Product(s) in the Territory. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, the patent or the claims of the patent shall be selected on the basis of the scope, enforceability and remaining term of the patent in the relevant country or region. All filings for such extensions shall be made by the Party owning such patent or, in the case of Patent Rights included in the Joint Collaboration IP, by the Party responsible for filing, prosecuting and maintaining such Patent Rights in accordance with this Section 9.410.3.

Appears in 2 contracts

Samples: Collaboration Agreement (Alnylam Pharmaceuticals, Inc.), Collaboration Agreement (Arrowhead Research Corp)

Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, cooperate with each other in gaining patent term extension (including those extensions available under U.S. Drug Price Competition and Patent Term Restoration Act of 1984, the Supplementary Certificate of Protection of Member States of the EU and other similar measures in any other country) wherever applicable to Patent Rights Controlled by either Party licensed under this Agreement that Cover the Licensed Product in the Territory. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issue, the patent or the claims of the patent shall be selected on the basis of the scope, enforceability and remaining term of the patent in the relevant country or region. All To the extent permitted by the jurisdiction in question, all filings for such extensions shall be made by the Party owning such patent or, in the case of Joint Research Program Patent Rights included in the Joint Collaboration IPRights, by the Party responsible for filing, prosecuting and maintaining such Patent Rights in accordance with this Section 9.4Section.

Appears in 2 contracts

Samples: Research and License Agreement (Aveo Pharmaceuticals Inc), Research and License Agreement (Aveo Pharmaceuticals Inc)

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Patent Term Extensions. The Parties shall cooperate, if necessary and appropriate, with each other in gaining patent term extension (including those extensions available under U.S. Drug Price Competition and Patent Term Restoration Act of 1984, the Supplementary Certificate of Protection of Member States of the EU and other similar measures in any other country) wherever applicable to Patent Rights in the License Territory Controlled by either Party that Cover the Licensed Product in the TerritoryField. The Parties shall, if necessary and appropriate, use reasonable efforts to agree upon a joint strategy relating to patent term extensions, but, in the absence of mutual agreement with respect to any extension issueissue in the License Territory, the patent or and/or the claims of the patent shall be selected on the basis of the scope, enforceability and remaining term of the patent in the relevant country or region. All filings for such extensions shall be made by the Party owning Controlling such patent or, in the case of Joint Patent Rights included in Covering the Joint Collaboration IPProduct, by the Party responsible for filing, prosecuting and maintaining such Patent Rights in accordance with this Section 9.49.2(b).

Appears in 1 contract

Samples: Distribution and License Agreement (Millennium Pharmaceuticals Inc)

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