definiens: shall mean all patents and patent applications in the Territory owned or controlled by Dynavax or und er which Dynavax has a right to practice with the right to extend such right to practice to Triangle ( including, but not limited to, all patents and pat ent applications licensed to Dynavax under the Primary License Agreement ) which contain claims the rights to which are reasonably necessary for the development, registration, manufacturing, using or selling of ISS, Conjugated ISS or the Lice nsed Products which are filed as of the Effective Date or during the term of this Agreement provided, that such claims cover inventions or discoveries reduced to practice, actually or constructively, prior to the first anniversary of t he expiration of the Research Program, including any addition, continuation, cont inuation - in - part or division thereof or any substitute application 4 thereof ; any patent issued with respect to such pat ent application, any reissue, extension or patent term extension of any such pate nt, and any confirmation patent or registration patent or patent of addition based on any such patent ; and any other United States and foreign patent or i nventor 's certificate with regard thereto . Dynavax Patents shall include but n ot be limited to those listed in Exhibit A attached hereto