definiens: shall mean all U.S. patent app lications filed on or before or claiming priority o n or before the date five ( 5 ) years after the end of the Research Program claiming any inventions or discov eries owned or controlled by Symyx ( or by any wholly - owne d subsidiary of Symyx ) which claim an Agreement Compound or a Product, or method or process for the manufacture of an Agreement Compound or Product, o r a composition - of - matter containing an Agreement Compo und or Product, or a method or process for the use of an Agreement Compound in or for the manufacture of a P roduct, in each case that are necessary or material ly useful for the manufacture, use or sale of Agreement Compo unds, or Products in the Field ( excluding EPDM ), ( i i ) all divisions, substitutions, continuations, continuati on - in - part applications, and reissues, re - examinati ons and extensions of ( i ) above, ( iii ) foreign counterparts of any of the preceding of ( i ) or ( ii ) above, and ( iv ) patents, utility models or similar grants of rights issuing on any of the preceding of ( i ), ( ii ) or ( iii ) above . Notwithstanding the foregoing, it is understood and agreed that shall not include patent applications or patents claiming inventions made by Symyx or its wholly - own ed subsidiary ( solely or jointly ) in collaboration with, or as part of a research program funded by, a Third Pa rty if such collaboration or research program is no t directed to the screening, discovery, or optimization of cat alysts and catalyst systems ( including but not limi ted to catalyst supports, activators and scavenging agents ) in the Field for the purpose of making Olefin Pol ymers or the discovery or development of Olefin Polymers usi ng such catalysts and catalyst systems in the Field