definiens: means all patents and patent applications in the Territory that ( a ) claim the manufacture, or use or sale in the Field, of a Compound or product containing a Compound and ( b ) are owned or Controlled by [COMPANY] or any of its Affiliates as of the Effective Date . A complete list of all [COMPANY] Patent Rights as of the Effective Date is attached hereto as Appendix A. Also included within [COMPANY] Patent Rights are, to the extent owned or Controlled by [COMPANY] or its Affiliates : ( i ) for clarity, all continuations, continuations - in - part, divisions, patents of addition, reissues, renewals, extensions, substitutions, and supplementary protection certificates thereof, and the foreign patents and foreign patent applications corresponding to any of the foregoing ; and ( ii ) all current and future patent applications and patents that claim the manufacture, or use or sale in the Field, of a Compound or product containing a Compound ; provided, however, that future patents or patent applications ( Le . those not listed on Exhibit A ) not owned by [COMPANY] or its Affiliate but that become Controlled by [COMPANY] or its Affiliate after the Effective Date, shall be included within the [COMPANY] Patent Rights only to the extent that [COMPANY] ( and its Affiliates ) will not incur additional royalty obligations to a Third Party as a result of such inclusion that [COMPANY] is unwilling to itself bear, or [COMPANY] and [COMPANY] have agreed in writing to such inclusion . For clarity, also included within the [COMPANY] Patent Rights are patents and patent applications claiming [COMPANY] Inventions ( as defined pursuant to Section 8.4(d ) ) and patents and patent applications claiming Joint Inventions ( as defined pursuant to Section 8.4(c ) ) to the full extent owned by [COMPANY], in each case to the full extent described by clause ( ii ) above in this Section