definiens: shall mean any Uni ted States or foreign patent applications or patent s owned, or licensed on a royalty - free basis with the right to sublicense, by CBM or its AFFILIATES duri ng the term of this Agreement containing one or more claim s to SCA DISCOVERIES, any continuation - in - part, division, or continuation application thereof, any patent or the equivalent thereof granted thereon, a nd any reissue, reexamination, or extension of any of thes e patent(s ) including any applications filed or pat ent(s ) granted which are owned by CBM or its AFFILIATES and which claim IMPROVEMENTS made by CBM or its AFFILIATES ; PROVIDED, HOWEVER, that PATENT RIGHTS s hall not include any claim in patent applications to specific SCA PROTEIN(S ), or to any specific genetic sequence or host coding for or con taining such genetic sequence coding for a specific SCA PRO TEIN(S ), or to the therapeutic, diagnostic or resea rch use of such a specific SCA PROTEIN(S ) . Existing PATENT RIGHTS are listed in APPENDIX I, which shall be modified by CBM from time - to - time so that it accura tely reflects those patent applications and patents includable under PATENT RIGHTS during the term of the Agreemen t, relevant to the FIELD