definiens: means ( i ) all ideas, inventions, data, instructions, processes, procedures, formulas, expert opinions and information, including, without limitation, biological, chemical, toxicological, pharmacological, physical and analytical, clinical, analytical, stability, safety, manufacturing and quality control data and information which are in existence as of the Effective Date or which come into existence after the Effective Date and which are owned or Controlled by [COMPANY] ( other than through a license granted to [COMPANY] under this Agreement by ADV ANCIS ), and which are identified by [COMPANY] to ADV ANCIS as [COMPANY] Proprietary Technology ( ii ) all [COMPANY] Sole Inventions and Program Intellectual Property which are improvements to or are based on, incorporate, or derived from anything in subsection ( i ) above . [COMPANY] may identify [COMPANY] Proprietary Technology to ADV ANCIS in ( I ) any tangible form that is marked as at the time it is disclosed to ADVANCIS or ( 2 ) if disclosed orally hereunder, such disclosure is confirmed as [COMPANY] Proprietary Technology, in writing, within a reasonable period of time thereafter . For the avoidance of doubt, does not include published patent applications or granted patents or information or data or know - how or [ nvent ~ ons J;sclosed therein to the extent such information was published or disclosed prior to the identification of such information as [COMPANY] Proprietary Technology by [COMPANY] to ADV ANCIS