definiens: means [ an invertebrate or non - human, vertebrate gene : ( a ) ( i ) that is identified by [COMPANY] in the Collaboration pursuant to research originating with a Genetic Entry Point or involving a Phenotypic Screen, ( ii ) that is cloned, ( iii ) for which [COMPANY] has phenotypic data indicative of such gene or its product having a function in the Research Field and ( iv ) for which [COMPANY] has conducted a good faith search of publicly available databases ( and any internal databases the use of which does not create any milestone, royalty or other compensation obligations or any material conflict with the rights granted under this Agreement ) for a mammalian and human orthologues ; or ( b ) ( i ) that is identified by [COMPANY] in the course of the Collaboration through the administration to non - humans of a therapy used in the Development Field ( such therapies include without limitation cancer drugs and radiation ), ( ii ) that is cloned, ( iii ) for which such research in 1.35(b ) ( i ) provides data indicative of such gene or its product having a function in the Research Field, and ( iv ) for which [COMPANY] has conducted a good faith search of publicly available databases ( and any internal databases the use of which does not create any milestone, royalty or other compensation obligations or any material conflict with the rights granted under this Agreement ) for a mammalian and human orthologues ]