definiens: shall mean United States and foreign patents and patent applications ( which shall be deemed to include cert ificates of invention and applications for certificates of invention ) which as of the Effectiv e Date or at any time during the term of this Agreement ( i ) are owned by US Genomics or jointly owned by US Gen omics and Rosetta Genomics or which US Genomics through license or otherwise h as or acquires rights ( and is not prohibited from sublicensing to Rosetta Genomics ) ; and ( ii ) relate in any way to the Products, S ervices, the use of the US Genomics Platform in the Field and/or any Improvement, or otherwise rela te to Information and Inventions, including all certificates of invention, divisions, continuations, continuations - in - part, reissues, renewals, extensions, supplementary prote ction certificates or the like of any such patents and current and future patent applicat ions, and any counterparts thereof which may be filed in other countries, and addition al patents or patent applications which arise as a result of research and development of the Products and Services under this Agreement . US Genomics Patent Rights, as of the Effective Date, consist of the patents and patent applications listed on Ex hibit B hereto . Any subsequent US Genomics Patent Rights and any changes to any US Ge nomics Patent Rights shall be added to Exhibit B, provided, however, that the fai lure to include the then current US Genomics Patent Rights in Exhibit B from time to ti me shall not affect the Parties ’ respective rights and obligations under this Agreem ent