definiens: means a Patent that covers or claims Information ( which, for the avoidance of doubt, includes any Patent that Covers a Product ), which Patent ( a ) is Controlled ( but for this Agreement ) by Co Therix or any of its Affiliates or Sublicensees as of the Effective Date or ( b ) covers or claims Information conceived or reduced to practice in the course of practicing the licenses of Section 3.1 to Develop andlor Commercialize Products or Active Drug Substance under this Agreement, and thus comes within the Control of CoTherixor any of its Affiliates or Sublicensees during the term of this Agreement . The [COMPANY] Patents include, without limitation, any Patents listed on attached hereto · ( but as of the Effective Date, no [COMPANY] Patent exists ) or added thereto by written agreement of the Parties, or as otherwise provided for in this Agreement, during the term of this Agreement . Notwithstanding anything herein to the contrary, the [COMPANY] Patents include [COMPANY] 's interest in any Joint Patents, but exclude the [COMPANY] ICombinatiog Patents