definiens: shall mean any and all knOW - how, compounds, information, inventions, discoveries and technologies, whether or not patentable, that are owned or controlled by the Subsidiary from the Effective Date until the earlier to occur of [ the termination date of the Collaboration Agreement or the Closing Date ( as defined in Section 2.4 of the Option Agreement ) ] ( such period of time, the ), either ( i ) the practice of which would infringe the Licensed Patents or constitute a misappropriation of the Licensed Know - How, ( ii ) that are a Research Compound Invention or I,>r?gram Invention, or ( iii ) that are useful in the ~ overy, development, manufacture, use, sale, offer for, sa, le - orimport of products in the Field ; provided, however, that Assignable Know - How shall al ~ o include any such know­how, information, inventions, discoveries and technologies that relate to the composition or use of Targets that are owned or controlled by the Subsidiary during the [ one year period following expiration of the Assignment Period but excluding any substance ~ s or compounds that would have been a Research Compound Invention had such substances or compounds been invented during the Assignment Period and that are instead invented during the one year period following expiration of the Assignment Period . ] The determination of whether know - how, information, inventions, discoveries and technologies are owned or controlled by the Subsidiary shall be made based upon the Subsidiary 's rights in the absence of this Agreement . Appendix A shall be amended from time to time to set forth all Assignable Know - How . Assignable Know ~ How may be included in the Licensed Know - How and excludes the Other Subsidiary Know - How