definiens: shall mean ( i ) patents and patent applications, whether foreign or domestic, that claim, or are necessary or useful to exploit ( A ) a Compound or composition - of - matter containing such Compound or a method of use thereof or ( B ) a process developed prior to the Effective Date and/or under the Research Program, in each case, for the synthesis of Compounds ( or analogs or derivatives thereof as provided in Section 4.2.2 ), and ( ii ) any divisions, continuations, continuations - in - part, reissues, reexaminations, or extensions to the extent the same have an earliest effective filing date prior to the date described in ( i ) above, and any ( iii ) substitutions, confirmations, registrations, or revalidations of any of the foregoing, in each case, which are owned or controlled by [COMPANY] ( solely or jointly ), to the extent [COMPANY] has the right to license or sublicense the same