definiens: shall mean ( a ) all United States and foreign patent applications covering ( i ) the compositionof matter of HCV or HIV-1, or, in each case of the foregoing, any nucleotide sequence thereof or ( ii ) the use thereof in theBlood Screening Field ; ( b ) such other [COMPANY] patent rights which claim markers or their uses as may become subject to thisAgreement pursuant to the terms hereof with respect to Blood Screening Assays developed hereunder and sold by [COMPANY] orpursuant to ARTICLE 8 ; ( c ) all other patents and patent applications which cover nucleic acid probe assays and instrumenttechnologies, to the extent necessary for use in the Blood Screening Assays or Blood Screening Instruments but only to theextent in each case of the design of the Products as of the Effective Date and any future modifications to any such designsand / or any new Products approved for development by [COMPANY] after the Effective Date ( subject to Section 6.2 ) ; ( d ) allpatents that have issued or in the future issue from any of the foregoing, including without limitation utility, model anddesign patents and certificates of invention ; and ( e ) all divisional, continuations, continuations - in - part ; reissues, renewals, extensions or additions to any of the foregoing patent applications and patents ; but in each case only to the extent Novartishas an ownership or other licensable interest as of the date ( 1 ) [COMPANY] approves a Product for development or ( 2 ) amodification to an existing Product is made, considered on a product - by product basis, and all to the extent and only to theextent that [COMPANY] has or hereafter acquires the right to grant licenses, immunities or other rights thereunder