definiens: shall mean ( a ) all the patents and patent applicationswhich cover nucleic acid probe assays and instrument technologies, to the extent necessary foruse in the Initial Blood Screening Assays, Initial Clinical Diagnostic Assays, Initial BloodScreening Instruments, or Initial Clinical Diagnostic Instruments but only to the extent in eachcase ( i ) of the design of the Products as of the Effective Date and ( ii ) that Gen·Probe has anownership or other licensable interest therein ; ( b ) such other Gen - Probe patent rights whichclaim markers or their uses as may become subject to this Agreement pursuant to the termshereof with respect to Future Blood Screening Assays and Future Clinical Diagnostic Assays,(c ) such Gen - Probe patent rights with respect to any future modifications to any Blood ScreeningInstrument or Clinical Diagnostic Instrument as become subject to this Agreement pursuant toSections 3.3.7 or 4.4.8, respectively, and such Gen - Probe patent rights with respect to any futureBlood Screening Instrument or Clinical Diagnostic Instrument as are developed by Gen - Probeafter the Effective Date and offered to and accepted by [COMPANY] ( all pursuant to Sections 3.3.8 or4.4.9, respectively ) or ; ( d ) such other Gen - Probe patent rights which become subject to thisAgreement pursuant to pursuant to Article 9 ; ( e ) all patents that have issued or in the future issuetherefrom, including without limitation- utility, model and design patents and certificates ofinvention ; and ( f ) all divisional, continuations, continuations - in - part, reissues ; renewals, extensions or additions to any such patent applications and patcnts ; but only to the extent thatGen - Probe has or hereafter acquires an ownership or other licensable interest, in each case, andall to the extent and only to the extent that Gen - Probe has the right - to grant licenses, immunitiesor other rights thereunder