definiens: means any invention, discovery or creation ( inclu dingmaterials and Know - How or other intellectual proper ty ), whether or not patentable, that is first conce ived, reduced topractice, discovered or otherwise created, in each of the foregoing cases, by a Party ( directly or by another party onits behalf ) ( 1 ) in the course of, or as a result of, performing activities under this Agreement ( inclu ding through the useof the [COMPANY] Compound and/or the [COMPANY] Comp ound or in the course of Joint Development Committe e orData Review Committee discussions ) ; ( 2 ) through the use of Study Data or Sample Data [ * ] that, at the time of suchinvention, discovery or creation, is the Confidenti al Information of either or both Parties ; or ( 3 ) th rough the use ofSamples in the course of, or as a result of, conduc ting the Sample Analysis Plan, in all cases, regard less of whetherconceived, reduced to practice, discovered or other wise created solely or jointly by [COMPANY] or Gene ntech ( directlyor by another party on its behalf ) . The term includes new uses, compositions orformulations comprising a Compound, methods of pred icting responsiveness to a Compound ( and any diagno sticmethod or product related thereto ), new methods of administration or dosing schemes for a Compound, orimprovements to a Compound . Notwithstanding the for egoing definition, the term excludesStudy Data and Sample Data, the ownership and use o f which are addressed in Article 5