definiens: shall mean all Patents owned or controlled by, or licensed to, TOPOTARGET, and all Know - How and Inventions developed, owned or controlled by, or licensed to, TOPOTARGET, as of the Effective Date, or which are developed, acquired by or licensed to TOPOTARGET after the Effective Date to the extent such Patents, Know - How and/or Inventions are not included within any TOPOTARGET Confidential 10 Collaboration Technology or Joint Collaboration Technology, and which, in the reasonable opinion of the Parties, is necessary for or may be useful in the development, manufacture, use or sale of Collaboration Products in the Field in the Territory, all to the extent that TOPOT ARGET has the right to license or otherwise make available such Patents, Know - How and Inventions to CURAGEN hereunder . A list of all such Patents in existence on the Effective Date is included in Exhibit A attached