definiens: shall mean all technical information, materials and know - howlQwned and/or controlled by [COMPANY] which directl¥Irelates to the Licensed Product and which [COMPANY] hasIThe ability to license and shall include, without limitation, all chemical ; pharmacological, toxicological, clinical, assay, control and manufacturing data and any other information, biological materials or manufacturing or related technology relating to the Licensed Product and that can reasonably be deemed to be useful for the development and commercialization of the Licensed Product and strains, samples, analytical tools, libraries, clones, etg 1.8 shall mean ( a ) all patents and patent applications that are identified on Exhibit A attached hereto · and ( b ) all patents and patent applications that cover inventions or discoveries that are made by [COMPANY] ( iolely or jointly with any Third Party ( other than ZKCj provided that any suchOoint ] inventions or discoveries shall only be included in [COMPANY] Patents to the extent that [COMPANY] has the right to grant licenses thereunder on the terms and conditions of this Agreement, now or in the future in copnection with and as a result oftthe performance of the Development and Commercialization Progranil and that ~enerically or specifically claim all or any part of the Licensed Product, a process for manufacturing the Licensed Product, intermediates used in such process or a use of the Licensed Product ] Included within the.definition of [COMPANY] Patents are any ( £ ontinuations, continuations - in - part ( solely to the extent such continuation(s)-in - part contain(s ) subject matter on which claims issuing obtain the benefit of a priority date of any other patent application included herein ), divisions, patents of addition, reissues, renewals, extensions and/or foreign counter - parts thereoj Also included within the definition of [COMPANY] Patents are all patents and patent applications which fgenerically or specifically claim any improvements on Licensed Product or uses of ' Licensed Product or intermediates or manufacturing processes required or useful for production of any Licensed Producj}which are developed by [COMPANY] ~ olely or jointly with any Third Party ( other than ZKCj provided that any such{Joint}nventions or discoveries shall only be included in [COMPANY] Patents to the extent that [COMPANY] has [ he right to grant licenses thereunder on the terms and conditions of this Agreemenj, in connection with and as a result of the [ performance of the Development and Commercialization PrograITJ . [COMPANY] Patents shall specifically not include either ZKC Patents or Joint Patents