definiens: means ( a ) all of the Existing Nastech Patents, ( b ) any Patent whether now existing or hereafter filed, arising from or based upon, any of the Existing Nastech 476204 6 Patents ( including without limitation any continuation - in - part of an Existing Nastech Patent ) and any Patents issuing from any Patent Application included in the Existing Nastech Patents or from any Patent Application covered by this clause ( b ), ( c ) any Patent or Patent Application which becomes Controlled by Nastech or any of its Affiliates at any time during the Term ( other than After - Acquired Technology, which is addressed in Section 8.5 ) that claims inventions necessary for [COMPANY] to develop, use, sell, offer for sale or import any Licensed Intranasal Formulation, and ( d ) subject to Section 3.5, any Patent or Patent Application which is now or becomes Controlled by Nastech or any of its Affiliates at any time during the Term ( other than After­Acquired Technology, which is addressed in Section 8.5 ) that claims inventions necessary for [COMPANY] to manufacture or have manufactured any Licensed Intranasal Formulation or Product, but in each case under clauses ( c ) and ( d ) excluding the Joint Patents . For clarification, Nastech Patents include all Patents and Patent Applications that claim or disclose Nastech Inventions