definiens: means the [COMPANY] Licensed Patent Rights that specifically claim aCompound or the use, formulation or manufacture thereof, or patient selection methods for therapy with aCompound, including those patents and patent applications set forth on Schedule 1.36(e ) and any divisionals, continuations, continuations - in - part, reissues, renewals, substitutions, registrations, re - examinations, revalidations, extensions, supplementary protection certificates, and the like of any such patents and patent applications, andforeign equivalents thereof, in each case that specifically claim EC145 or the use, formulation or manufacture thereof, or patient selection methods for therapy with EC145 . As per Section 11.2.2, in the event a continuation or divisionalpatent application ( or foreign equivalent, if applicable ) of an [COMPANY] Genus Patent Right is filed at request ofMerck that specifically claims a Compound or the use, formulation or manufacture thereof, or patient selectionmethods for therapy with a Compound, that continuation or divisional patent application ( or foreign equivalent ) willbe an [COMPANY] Product - Specific Patent Right