definiens: means any and all patent applications and patents in the Territory ( which for the purposes of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention and to exclude Joint Collaboration Patent Rights ), which, as of the Effective Date and/or during the Collaboration Term, are Controlled by MERCK or Rosetta Inpharmatics LLC ( ) or their wholly - owned subsidiaries and which are necessary or useful to ALNYLAM for the Technology Collaboration and/or for in vitro and/or in vivo target identification and/or target validation . MERCK Broad RNAi Patent Rights include but are not limited to those which : ( i ) claim, cover or relate to MERCK Technology Collaboration Inventions ; or ( ii ) are divisions, continuations, any portions of continuations - in - part that are themselves within the definition of MERCK Broad RNAi Patent Rights, reissues, renewals, extensions, supplementary protection certificates, and the like of any covered patents and patent applications and foreign equivalents thereof