definiens: means all technology Controlled by [COMPANY] or its Affiliates immediately after the effective date of the Research Collaboration Agreement, or thereafter independently of the research program conducted under the Research Collaboration Agreement and the Research Program, and which [COMPANY] uses or makes available for the conduct of the Research Program or the design, development, testing, use, manufacture or sale of [COMPANY] Products, including all such United States and foreign patents and patent applications ( including, without limitation, all reissues, extensions, substitutions, confirmations, registrations, revalidations, additions, continuations, continuations - in - part, and divisions thereof ) and other proprietary information, data and know - how . [COMPANY] Proprietary Technology excludes all TMRI Intellectual Property Rights ( as defined in the License Agreement ) which are licensed to Diversa by [COMPANY] under the License Agreement, including without limitation the TMRI Platform Technology licensed thereunder, and the TMRI Platform Technology Improvements