definiens: shall mean patent applications, including continuations ( in whole or in part ), divisionals, reissues, reexaminations and foreign counterparts thereof, and issued patents on such applications, to the extent the same claim and disclose Inventions ; ( b ) shall mean a novel and possibly patentably distinct composition of matter arising within a Research Program or Product Development that comprises ( i ) a CibaiChiron Compound that is supplied by Ciba or [COMPANY] to [COMPANY] as a potential component of a Second Generation Product, and ( ii ) a [COMPANY] Hydrogel Polymer as defined in Section 12.1.1(d ) below ; ( c ) shall mean inventions or discoveries that are first conceived, or first conceived and reduced to practice, ( i ) within a Research Program or Product Development, or ( ii ) in the case of inventions or discoveries by Ciba or [COMPANY], that are made using a [COMPANY] Hydrogel Polymer . As used herein, references to Inventions shall include all Patent Rights and other non - patent intellectual property rights to such Inventions necessary to exploit such Patent Rights ; ( d ) shall mean a Hydrogel Polymer or a Hydrogel Polymer formulation ( i ) supplied by [COMPANY] to Ciba or [COMPANY], whether during the Research, Product Development, under the terms of Article 8, or otherwise, or ( ii ) disclosed in writing by [COMPANY] as a potential component of a Product ( in each case other than a Combination Product )