definiens: shall mean ( i ) the patents and patent applications identified in Exhibit C hereof, and in respect of such letters patent, and patent applications, all corresponding Patent Co - operation Treaty applications, European Patent Convention app lications or applications under similar administrative internati onal conventions and corresponding national patents and patent applicati ons, together with any divisional, continuation, ( but not a continuation - i n - part except to the extent described in ( ii ) or ( iii ) below ), substitut ion, reissue, extension, supplementary protection certificate or other appli cation based thereon ; and ( ii ) other patents or patent applications to th e extent they disclose and claim inventions made by KOSAN in performance o f the RESEARCH PROGRAM, and ( iii ) any other patents or patent applications containing one or more claims covering the manufacture, use or sale of a P RODUCT to the extent such patents or patent applications disclose and cl aim inventions made by KOSAN during the EXCLUSIVE SCREENING PERIOD, in eac h case, which is necessary or materially useful for the development, manufacture or use of LICENSED COMPOUNDS or PRODUCTS, and which KOSAN has rights to grant licenses to ( e.g., have not been developed in the c ourse of an exclusive collaboration with a THIRD PARTY or exclusively lic ensed to a THIRD PARTY )