definiens: . Diagnostic Patent Rights means ( a ) the patent applications that arelisted in Exhibit A-1, ( b ) any divisionals, continuations, continuations - in - part, provisionals, or substitute applications withrespect to any patent applications listed in Exhibit A-1, ( c ) any patent issued with respect to any of the foregoing, includingutility patents, utility models, design patents and certificates of invention, ( d ) any reissue, reexamination, renewal, extension(including any supplemental patent certificate ) or addition with respect to any of the foregoing, and ( e ) any Patent Rightsother than those included in sub - paragraphs ( a ) through ( d ) that are Controlled by Merrimack, itself or jointly with SANOFI - AVENTIS, at any time after the Effective Date during the Term and that Cover Diagnostic Technology or the manufacture, use, offer for sale, sale or importation of a Diagnostic Product