definiens: means any and all Patent Rights in the Territory ( which for the purposes of this Agreement shall be deemed to include certificates of invention and applications for certificates of invention and to exclude Joint Collaboration Patent Rights ) which, as of the Original Effective Date and/or during the Collaboration Term, are Controlled by ALNYLAM or its Affiliates and which are necessary or useful to MERCK ( a ) for in vitro and/or in vivo target identification and/or target validation ( ) and/or ( b ) in the Development, Manufacture or Commercialization of RNAi Therapeutic Products within the Therapeutic Collaboration, including, but not limited to, those listed on Schedule 1.4 . include but are not limited to those Patent Rights which : ( i ) claim or Cover RNAi Therapeutic Products including but not limited to improvements ; or ( ii ) claim or cover ALNYLAM Collaboration Inventions ; or ( iii ) are divisions or continuations of ALNYLAM RNAi Patent Rights, or constitute such portions of continuations - in - part as are themselves within the definition of ALNYLAM RNAi Patent Rights