definiens: shall mean any trade secrets, technology, biological, chemical or other materials, formulas, processes, routines, subroutines, techniques, specifications, instructions, concepts, methods, algorithms, know - how, uses, devices, article ofmanufactures, inventions, or discoveries that are ( a ) not patented or subject to a published patent application, ( b ) either owned by orlicensed to [COMPANY] or any of its Affiliates with the right to license / sublicense to RTI upon the terms hereof as of the Effective Dateor during the Term, ( c ) necessary for RTI to research, develop, make, have made, use, sell or transfer, offer for sale or transfer, distribute, import, or export in accordance with the terms of this Agreement or are otherwise disclosed to RTI or its Affiliate byAthersys or its Affiliate in the course of undertaking and performing the Collaboration, and ( d ) relate to the use, extraction, isolation, expansion, maintenance, or culture of MAPCs