definiens: means, to the extent Control led by [COMPANY] : ( a ) all Patent Rights that are or may be filed o n or otherwise Cover ( i ) Know - How ( A ) contained in the portions of the [COMPANY] Database accessed by the Company or ( B ) provided to the Company by or on be half of [COMPANY] or its Affiliates in connection with the Col laboration ( including any Know - How provided from th e [COMPANY] Restricted Databases and the [COMPANY] Portfolio ), or ( ii ) Collaboration Know - How ; provided that, with re spect to the foregoing ( i ), such Patent Rights shall not inc lude any Patent Rights to the extent Covering formu lations of pharmaceutical products, screening methods, assays or manufacturing processes to the extent such manufacturing processes are solely directed to scal e - up for commercial manufacturing ( excluding any Pa tent Rights that Cover improvements of, to or in Know - Ho w or Patent Rights licensed to the Company hereunde r or pursuant to a License Agreement ) ( unless otherwise specified by [COMPANY] in writing ) ; and ( b ) the Collaboration Patent Rights