definiens: means ( i ) all Patent Rights that are Controlled by [COMPANY] prior to the selection of [COMPANY] Gene Target pursuant to Section 3.1 that claim inventions consisting of any [COMPANY] Gene Target or any fragment of such [COMPANY] Gene Target, and/or any nucleic acid sequence, protein, peptide or other composition of matter encoded thereby, including, without limitation, inventions claiming method of use or treatment of a disease or condition by inhibiting such gene or other identification of gene function, and ( ii ) all Patent Rights whether or not Controlled by [COMPANY] not arising out of the collaboration where Collaboration Data is used in the prosecution, maintenance or defense of such Patent Rights . [COMPANY] Licensed Patents will specifically exclude Collaboration Patents, [COMPANY] Exclusive Collaboration Patents, Joint Patents and any Patent Rights that are Controlled by [COMPANY] claiming solely diagnosis of a disease or condition