definiens: shall mean : ( a ) all unexpired United States and foreign patents, patent applications and Disclosures of Inventions, certificates .ofinvention and all rights therein owned by GENAERA as ofthe Effective Date that are necessary for the development, manufacture, use, import or sale of the Product in the Territory, and any continuations, continuations - in - part, divisionals, reissues, patents of addition, registrations, confirmations, supplementary protection certificates, term . extensions ( under applicable patent law or regulation or other law or regulation ) or reexaminations thereof, any subsequent filings in any country claiming priority therefrom and any and all discoveries or inventions embodied within the foregoing, including, but not limited to, the foregoing identified in Section I of the Disclosure Schedules ( the ) ; ( b ) the Product Documentation and all intellectual property disclosed or described therein that is owned by GENAERA as of the Effective Date that are necessary for the development, manufacture, use, import or sale of the Product in the Territory ; ( c ) the trademarks CYTOLEX and LOCILEX, to the extent that GENAERA owns any rights in such trademarks as of the Effective Date ( the ) ; and ( d ) the Trade Secrets