definiens: shall mean ( i ) a ll existing patents and patent applications owned or controlled in whole or in part by SPL or i ts Affiliates as of the Effective Date ( including, without limitation, those which claim the synthesis or comp osition of matter of a Lead Compound or Derivative Compound, or the method of use thereof, or which re late to any Target or any assay provided by SPL for use in the Collaboration or the corresponding Targets for such assays ), ( ii ) all patents and patent applicati ons claiming any invention or discovery made by or behalf of SPL or its Affiliates, other than in performance of th e Collaboration, in connection with the discovery and /or development of any Agreement Compounds and/or Schering Compounds, and/or the development and comm ercialization of any Agreement Product, and ( iii ) a ny divisions, continuations, continuations - in - part, re issues, reexaminations, extensions or other governm ental actions which extend any of the subject matter of t he patent applications or patents in ( i ) or ( ii ) ab ove, and any substitutions, confirmations, registrations, revali dations, or additions of any of the foregoing