definiens: means rights in ( i ) issued patents and pending provisional and non - provisionalapplications for patents, including, without limitation, any continuations, continuations - in - part or divisions directed toinventions disclosed therein ; ( ii ) any re - examinations, reissues, renewals, substitutions or extensions of any patents ; ( iii ) foreigncounterparts or equivalents of any of the foregoing rights, ( iv ) inventions, discoveries, data, information, trade secrets, processes, methods, techniques, materials, technology, results or other know - how, whether or not patentable, ( v ) methods, devices or improvements for delivery or maintenance of a cell - based product and ( vi ) copyrights, software, source code andcopyrightable works, in each case ( i ) through ( vi ) that are created, devised or arise out of the parties ( or their Affiliates)undertaking and performing activities under the Research Program and where such rights are directed to an AthersysCombination Product