definiens: shall mean ( a ) the patents or patent applications listed in Appendix A, and any divisionals, continuations, continuations in part, re - examinations, reissues, additions or extensions with respect thereto, any patents issuing from the foregoing patent applications, and any and all foreign counterparts with respect to the foregoing, and ( b ) any and all other patents or patent applications which are as of the Effective Date or during the term hereof owned by TANABE or a TANABE Affiliate or licensed from a Third Party ( with a right to sublicense, subject to the terms of such license ) to TANABE or a TANABE Affiliate which claim or cover the Compound ( and/or any enantiomers, salt forms or any other alternate or derivative forms ) and/or the Product, or the manufacture or use thereof, including without limitation any improvements ( e.g., formulations, manufacturing processes, etc . ) to the same . Without limiting the foregoing, and for the avoidance of doubt, Patent Rights shall include the patents and patent applications licensed to TANABE under any TANABE - LICENSOR License Agreement . Notwithstanding the forgoing, shall not include any rights of TANABE under any TANABE - ISTA Joint Invention or ISTA Sole Invention . For the avoidance of doubt, ISTA shall have exclusive rights in the Territory during the term of this Agreement to any TANABE - ISTA Joint Invention or ISTA Sole Invention pursuant to Article 22