definiens: means ( i ) all patents and patent applications which are conceived of during performance of the IE R&D Agreement, which are assigned to DIVERSA or are Joint Patent Rights assigned to DIVERSA and the LLC, and which are necessary for the LLC to make, use or sell the Licensed Product . If such patent rights arise they shall be listed on Appendix A-1, attached hereto and made a part hereof ; ( ii ) the patents and patent applications listed on Appendix A-2, attached hereto and made a part hereof, are patent rights of DIVERSA that predate the IE R&D Agreement but which patent rights are necessary for the LLC to make, use or sell the Licensed Products ; and ( iii ) any divisions, continuations, continuations - in - part, reissues, reexaminations, extensions or other governmental actions which extend any of the subject matter of the patent applications or patents in ( i ) or ( ii ) above, and any substitutions, confirmations, patents - of - addition, registrations or revalidations of any of the foregoing, in each case, which are Controlled by DIVERSA, and which are necessary for the LLC to make, have 2 1 < .. CONFIDENTIAL TREATMENT REQUEST(ED ) made, use, sell, have sold, export or import the Licensed Products . All patents and patent applications subject to this definition are listed on Appendix A or will be included on Appendix A by the end of the term of the IE R&D Agreement