definiens: means any Patent Right Controlled by [COMPANY] or its Affiliates on theEffective Date or during the Term that is reasonably necessary or useful to the Development, Manufacture orCommercialization of the Collaboration Programs, Collaboration Products, Licensed Programs and Licensed Products, but excluding ( a ) [COMPANY] Collaboration Patent Rights, ( b ) [COMPANY] ’s interest in the Joint Collaboration PatentRights, ( c ) any [COMPANY] PD Patent Right, unless and until the DAC has elected to utilize the [COMPANY] PDTechnology in accordance with Section 4.5 ( Use of [COMPANY] PD Technology ), at which time [COMPANY] Patent 12 CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH . ACOMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THESECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIALTREATMENT UNDER RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED