definiens: shall mean [ ( a ) ] those patent applications listed on Schedule 1.38 ; all divisionals, continuations, continuations - in - part and substitutions thereof ; all patents issuing on any of the foregoing ; those patents listed on Schedule 1.38 ; all re­examinations, re - issues, extensions and renewals of any of the foregoing patents ; [ and ] all counterparts in other countries to any of the foregoing ; and [ ( b ) each otber Patent Right that is owned by A vigen . as of the Effective Date that satisfies both of the following : ( i ) . it relates directly to AA V or arises from any Product and/or its manufacture or pharmaceutical utility, and ( ii ) it is not an Excluded Asset . ] 1.39 shall mean all patent applications and patents to which A vigen derives rights through any Selected Other Gene Therapy Contract ( including without limitation the following types of patent applications and patents, to the full extent of A vigen 's rights under the Selected Other Gene Therapy Contracts : all divisionals, continuations, continuations - in - part and substitutions, re - examinations, re - issues, extensions and renewals and foreign counterparts thereof ) . To avoid any doubt, this includes ( without limitation ) patent applications and patents to which [COMPANY] derives rights through any contract that becomes a Selected Other Gene Therapy Contract through Section 8.5