definiens: shall mean all patent applications ( whether in preparation or filed ) and issued patents, owned, controlled or licensed ( with the right to assign or sublicense ) by a Party or Parties to this Agreement ( or an Affiliate thereof ) covering the assays, Targets, processes, composition, manufacture or use of any Compound ( as well as any Know - How that may be 6 05f281~ . ~ I patentable ) that are owned by one or both of the Parties, including but not limited to any provisionals, divisionals, continuations, continuations - in - part, reissues, reexaminations, . extensions derived therefrom, as well as all foreign patent applications, granted patents and all counterparts thereof including, but not limited to, substitutions, confirmations, registrations, revalidations, supplemental protection certificates, administrative protection certificates ( or other governmental actions ) which provide exclusive rights to the patent holders in the patented subject matter . All such [COMPANY] Patent Rights in existence as of the Effective Date shall be as set forth on Exhibit A hereto