definiens: means all Patents Controlled during the Term by [COMPANY] or itsAffiliate and claiming priority to any Patent in existence prior to the end of the Pre - Sublicensing Term that Cover anyMorphoSys Product Invention ( including [COMPANY] Product Invention Patents and [COMPANY] ’s interest in the JointCollaboration Product Invention Patents ), but specifically excluding ( a ) the [COMPANY] Core Improvement Invention Patents(which are assigned to [COMPANY] by this Agreement, such that [COMPANY] owns them ), and ( b ) after a [COMPANY] Change of Controlall Patents of the acquiror and/or the acquiring corporate family existing prior to or on the date of such [COMPANY] Change ofControl, claiming priority to such a Patent existing prior or on such date, or owned or controlled by such acquirer and/or theacquiring corporate family independently of [COMPANY] ( for clarity, in the case where [COMPANY] is merged into anotherentity, the references here to and mean to refer to and )