definiens: as that phrase is defined in Public Law 108 -453 ( the ) . In the event that either Party to this Agreement intends to overcome a rejection of a claimed invention within the Research Collaboration IP pursuant to the provisions of the CREATE Act, such Party shall first obtain the prior written consent of the ot her Party . Following receipt of such written consent, such Party shall limit any amendment to the specification or statement to the US Patent and Trademark Office with respect to this Agreement to that which is strictly required by 35 USC § 103(c ) ( or as o therwise reflected under the America Invents Act ) and the rules and regulations promulgated thereunder and which is consistent with the terms and conditions of this Agreement ( including the scope of the Research Collaboration ) . To the extent that the Parti es agree that, in order to overcome a rejection of a claimed invention within the Research Collaboration IP pursuant to the provisions of the CREATE Act, the filing of a terminal disclaimer is required or advisable, the Parties shall first agree on terms a nd conditions under which the patent application subject to such terminal disclaimer and the patent or application over which such application is disclaimed shall be jointly enforced, to the extent that the Parties have not previously agreed to such terms and conditions . In the event that a Party enters into an agreement with a Third Party with respect to the further research, development or commercialization of a Collaboration Compound, Companion Diagnostic, or Licensed Product, the Parties shall, upon suc h Party ’s request, discuss whether the other Party should similarly enter into such agreement with such Third Party for the purposes of furthering the Parties ’ objectives under this Agreement, provided that such agreement does not place any material obliga tion on such other Party