definiens: shall mean a Patent R ight Controlled by [COMPANY] as of the date of any lice nse grant to 4DMT that Covers the applicable Products in the Field and either ( i ) claims inventions made by or o n behalf of [COMPANY] after the Effective Date in the course of researching, developing or commercializing Products in the Field, or ( ii ) Covers Products advanced by [COMPANY] in to human clinical trials and without the grant of a license therewith, 4DMT, its Affiliates or sublicensees wou ld be unable to develop or commercialize such Produ cts using the formulations then in development or comme rcialized and the production methods then used to manufacture such Products . Irrespective of the fore going, the Patent Rights identified in Appendix 1.1 03 ( the ) are specifically excluded from the [COMPANY] Patent Rights