definiens: shall mean all of the Patents Controlled by Licen see or any of its Affiliates during the Term that claim or cover inventions made or conceived by Licensee or any of its Affiliates or Sublicensees after the Effective Date and during th e Term as a result of performance under this Agreem ent, which Patents are reasonably necessary or useful ( o r, with respect to patent applications, would be re asonably necessary or useful if such Patent applications wer e to issue as patents ) for the Development, Manufac ture, or Commercialization of a Licensed Product in the Terr itory, but excluding any Joint Patents . Notwithstan ding the foregoing, as used in the context of license grant back in Section 12.6.3 and Section 12.7.2, Licensee Patents shall mean all Patents Controlled by Licensee or an y of its Affiliates as of the date of such license grant back that claim or cover the composition or formulation of, o r the method of making or using, a Licensed Product in the Territory, as such Licensed Product exists at the t ime of the grant - back