definiens: means any and all Patent Rights which are Controlled by MERCK during the term of thisAgreement, and which claim the composition of matter of a Collaboration Compound and/or Product or the use of aCollaboration Compound and/or Product Directed to a Non - MAP Collaboration Target or Discovery Target ; provided, however, that MERCK Patent Rights shall not include Patent Rights that are the subject of a patent application filed byMERCK prior to receipt by MERCK of AVEO Genetic Screen Data from AVEO relating to such Non - MAP CollaborationTarget or Discovery Target, but shall include Patent Rights that are the subject of ( i ) any claims filed or amended in apatent application that otherwise meets the definition of MERCK Patent Rights if such claims or amendments are filedafter receipt by MERCK of AVEO Genetic Screen Data from AVEO related to such Non - MAP Collaboration Target orDiscovery Target and such claims or amendments are supported by AVEO Information and Inventions, and ( ii ) acontinuation - in - part arising from such patent application that otherwise meets the definition of MERCK Patent Rights ifsuch continuation - in - part is filed after receipt by MERCK of AVEO Genetic Screen Data from AVEO related to such Non - MAP Collaboration Target or Discovery Target