definiens: means all of the following which relates to, underlies, embraces, or arises out of the Product or the active pharmaceutical ingredient used in the Product, to the extent owned or controlled by Cary ( or otherwise to the extent Cary has rights therein, thereto or there under ) whether existing on the Effective Date or developed, discovered or otherwise obtained or acquired thereafter : ( i ) patents, patent applications, continuation applications, continuation - in - part applications, divisional applications, provisional applications, supplementary protection certificates, inventors ' certificates, any corresponding foreign patent applications to any of the foregoing, and all patents that may be granted or that may have been granted on any of the foregoing, including reissues, re - examinations and extensions ; ( ii ) all know - how, trade secrets, inventions, data, processes, techniques, procedures, compositions, devices, methods, formulas, and protocols and information, regardless of whether any of the foregoing is patentable or not ; ( iii ) copyrightable works, copyrights and applications, registrations and renewals ; ( iv ) all other proprietary rights ; and ( v ) copies and tangible embodiments of anyone or more of the foregoing