definiens: means [COMPANY] Intellectual Property and Dow Intellectual Property . ' 1.19 ' improve ~ Enzvme " means an enzyme or enzymes, either ex vivo or in vivo, provided to Dow by Dlversa which is within the claims of DIVERSA Patent Rights or that incorporates, is derived from, or is identified, discovered, devel ~ d or made through the use of DIVERS A Know - How, which is developed from the ~search Targeij 1.20 or means any item developed or invented by both Parties in the course of the performance of the R&D Program during the Research Term . If the item developed or invented is a patentable invention, such invention is jointly developed if both Parties ' employees or consultants are considered inventors under 35 U.S.c . et . seq ., as interpreted by the U.S. Patent and Trademark Office and the United States courts