definiens: shall mean all patents including all reissues, renewals, re - examinations, supplemental protection certificates, and extensions thereof, and anypatent applications, including all divisionals, substitutions or continuations, in whole or inpart, thereof, which claim or otherwise cover the composition, manufacture, sale or use ofa Product and that are owned or Controlled by [COMPANY] or its Affiliates as of the EffectiveDate or during the term of this Agreement ( for the avoidance doubt, regardless of whetheroriginally invented or created before or after the Effective Date ) . For purposes of thisdefinition, a patent or patent application shall be deemed to a Product if themanufacture, use or sale of such Product would, but for the license granted herein, infringe, contributorily infringe or constitute inducement to infringement of such patent orpatent application, if issued or granted as pending