definiens: shall mean Delivery Patent Rights that [COMPANY] or those Affiliates of Takedathat have received a sublicense pursuant to Section 3.1(b)(iv ) or that have generated new Patent Rights or Know - Howfrom practicing [COMPANY] Intellectual Property without a sublicense from [COMPANY] thereto, ( a ) first come to Control at anytime during the [ * * ] period following the Effective Date and that arises outside of the Delivery Collaboration or ( b ) firstcome to Control during the Delivery Collaboration Term and that arises under the Delivery Collaboration, but excludingsuch Patent Rights to the extent such Patent Rights fall within [COMPANY] [ * * ] Specific Patent Rights . For purposes ofclarity, [COMPANY] New Delivery Patent Rights shall not include Patent Rights that are based on, directly or indirectly, orconstitute [COMPANY] Pre - Existing Delivery Intellectual Property or any Patent Right that constitutes improvements toTakeda Pre - Existing Delivery Intellectual Property ( i.e., to the extent that practicing such Patent Rights without a licensewould infringe any [COMPANY] Pre - Existing Delivery Intellectual Property )