definiens: means ( a ) all Patents ( including [COMPANY] ’s interest in any Joint Collaboration Product Invention Patent s described by the rest of this clause ( a ) ) Control led by [COMPANY] or its Affiliate during the Term and claimin g priority to a Patent first filed after the Pre - Su blicensing Term that Cover Product Inventions, and ( b ) all Pos t - Partnering Patents claiming priority to a Patent first filed after the Pre - Sublicensing Term, but excluding afte r a [COMPANY] Change of Control all Patents of the acq uiror and/or the acquiring corporate family existing prio r to or on the date of such [COMPANY] Change of Contro l, claiming priority to such a Patent existing prior or on such date, or owned or controlled by such acquirer and/ or the acquiring corporate family independently of [COMPANY] ( for clarity, in the case where [COMPANY] is merged in to another entity, the references here to and mean to refer to and ) . For the avoi dance of doubt, all Post - Sublicensing Licensed Pate nts that qualified as Post - Sublicensing Licensed Patents pri or to the date of such [COMPANY] Change of Control sha ll remain part of Post - Sublicensing Licensed Patents during t he Term