definiens: means : ( a ) all Biological Samples and Data ; ( b ) all Inventions, protocols, results, data, discoveries, formulas, know - how and trade secrets, including any biomarkers or surrogate markers, assays, tests, clinical trial methodologies, or procedures ( in each case whether patentable or otherwise ) that were generated in the course of or arise from the performance of the Collaboration Program, or resulting from the analysis of Biological Samples and Data during the Collaboration Program Term or Tail Period ; and ( c ) any improvements or enhancements to, or subsequent inventions resulting from, any of the items described in clauses ( a ) and ( b ) to the extent such improvements, enhancements or inventions are generated during the Collaboration Program Term or Tail Period ; provided, however the term shall not apply to, and shall exclude, FHT Independent Inventions and Improvements, Excluded [COMPANY] Compound Rights, and [COMPANY] Independent Inventions and Improvements