7.1 Patent Rights
Patent rights and rights in any Subject Invention, as that term is defined in Article X Sections 10.01-10.13 of Other Transaction Agreement number WI5QKN-16-9-1002, shall be governed by Article X of the OTA and consistent with W15QKN-16-9-1002. These patent rights and rights in any Subject Invention include, but are not limited to, the Government’s retention of certain licensure rights in subject inventions and applicability of the Government’s March-In rights. Specifically, with respect to any Subject Invention in which Sanofi retains title and as set forth in Article X Section 10.02, the Government shall have a non-exclusive, nontransferable, irrevocable, paid-up license to practice or have practiced on behalf of the United States the Subject Invention throughout the world. Furthermore, Sanofi agrees that, with respect to any Subject Invention in which it has retained title, the Government, has the right to require Sanofi to obtain and grant a non-exclusive license to a responsible applicant or applicants, upon terms that are reasonable under the circumstances as set forth in Article X, Section 10.10.