definiens: means : ( i ) all Know - How conceived, developed or Owned by Toyama prior to the Effective Date ofthis Agreement to the extent relating to the masking of taste in oral formulations, including but notlimited to such Know - How in relation to composition and manufacturing process ; and ( ii ) all Know - How conceived, developed or coming under the Ownership of Toyama on orafter the Effective Date of this Agreement to the extent ( a ) relating to the masking of taste in oralformulations, including but not limited to such Know - How in relation to composition andmanufacturing process, ( b ) not constituting an Invention ( as defined in the BARDA Subcontract ( asdefined under Section 4.6.2 ) ) or Project Know - How ( as defined in the BARDA Subcontract ), and(c ) not Covered by any Project Patent ( as defined in the BARDA Subcontract ) . ” 13