definiens: shall mean ( a ) all the patents and patent applications which cover nucleic acid probe assaysand instrument technologies, to the extent necessary for use in the Blood Screening Assays or Blood Screening Instruments, but only to the extent in each case ( i ) of the design of the Products as of the Effective Date and ( ii ) that Gen - Probe has anownership or other licensable interest therein ; ( b ) such other Gen - Probe patent rights which claim markers or their uses as maybecome subject to this Agreement pursuant to the terms hereof with respect to Blood Screening Assays developed hereunder,(c ) all other patents and patent applications which cover nucleic acid probe assays and instrument technologies, to the6 extent necessary for use in the Blood Screening Assays or Blood Screening Instruments but only to the extent in each case ofthe design of the Products as of the Effective Date and any future modifications to any such designs and/or any new Productsapproved for development by Gen - Probe after the Effective Date ( subject to Section 6.2 ) ; ( d ) such Gen - Probe patent rightswith respect to any future modifications to any Blood Screening Instrument as become subject to this Agreement pursuant toSection 3.1, and such Gen - Probe patent rights with respect to any future Blood Screening Instrument as are developed by Gen - Probe after the Effective Date and offered to and accepted by [COMPANY] ( all pursuant to Section 3.1 ) ; or ( e ) such other Gen - Probe patent rights which become subject to this Agreement pursuant to ARTICLE 8 ; ( f ) all patents that have issued or in thefuture issue from any of the foregoing, including without limitation utility, model and design patents and certificates ofinvention ; and ( g ) all divisional, continuations, continuations - in - part, reissues, renewals, extensions or additions to any of theforegoing patent applications and patents ; but in each case only to the extent that Gen - Probe has or hereafter acquires anownership or other licensable interest as of the date ( 1 ) Gen - Probe approves a Product for development or ( 2 ) a modificationto an existing Product is made, considered on a product - by - product basis, and all to the extent and only to the extent that Gen - Probe has the right to grant licenses, immunities or other rights thereunder