definiens: shall mean any and all patents and patent applications, both foreign and domestic, including without limitation all substitutions, provisionals, continuations, continuations - in - part, divisionals, extensions, reexaminations, reissues, renewals, supplementary protection certificates and inventors ' certificates, that are owned or controlled by c the Subsidiary during the Assignment Period, and ( i ) that claim inventions, the practice of which would infringe the Licensed Patents or constitute a misappropriation of the Licensed Know­How, ( ii ) are Research Compound Patents or Program Patents, or ( iii ) that are useful in the discovery, development, manufacture, use, sale, offer for sale or import of products in the Field ; provided, however, that Assignable Patents shall also include any such patents and patent applications that relate to the composition or use of Targets that are owned or controlled by the Subsidiary during the [ one year period following expiration of the Assignment Period but excluding any substances or compounds that would have been a Research Compound Patent had such substances or compounds been patented during the Assignment Period and tl1at are instead patented during the one year period following expiration of the Assignment Period . ] The determination of whether a patent or application is owned or controlled by the Subsidiary shall -be ma < iehasedupon the Subsidiary 's rights in the absence of this Agreement.~_Appendix B shall be amended from time to time to set forth all Assignable Patents