definiens: shall mean one specific Marker which ( i ) is or was derived fromthe ARES DB and ( ii ) is explicitly mentioned in ARES AMR Marker Table and ( iii ) isprotected by the Licensed Patents on a country by country basis and ( iv ) has not beenexplicitly described in, or mentioned in any prior scientific literature or other publiclyavailable communication in the context of or in connection with antibiotic resistanceprior to the ARES DB disclosure to QIAGEN on the ARES AMR Marker Table and theirrespective regular updates nor patent protected by any third - party other than ARES . AMarker loses its status as ARES AMR Marker, in case ( i ) an existing patent applicationcovering this Marker has not been granted as a patent after six ( 6 ) years from its firstpriority date, OR ( ii ) patent protection for this ARES AMR Marker is finally rejected, OR(iii ) patent protection for this ARES AMR Marker is finally declared null and void by courtruling, OR ( iv ) patent protection for this ARES AMR Marker expires