definiens: shall mean any patentable invention or discovery that constitutes an enhancement, improvement or modification to the Antigen Patent Rights or the Process Patent Rights ( or, if the Peptide Option is exercised, the Additional Rights ) and is owned by or licensed to a party ( with the right to license or sublicense ) during the term of this Agreement, and any and all patents and patent applications covering such invention or discovery, and any corresponding . foreign counterparts thereof, and all patents issuing thereon ( including utility, model and design patents and certificates of invention ), including any division, continuation, continuation - in - part or substitution of any such patent application, and any reissue, extension, confirmation, registration, re - examination or inventor 's certificate of any such patent, together with any corresponding foreign counterparts of the foregoing . The parties agree that this definition of specifically excludes a patentable invention or discovery comprised of a combination of such Antigen Patent Rights or Process Patent Rights ( or, if the Peptide Option is exercised, the Additional Rights ) with .intellectual property owned or controlled by AP Cells ( other than the intellectual property licensed from [COMPANY] pursuant to this Agreement )