definiens: or shall mean any or all patents and patent applications filed or owned or Controlled by SUMITOMO or its Affiliates as of the Effective Date or during the term of this Agreement in any country within the Territory which cover the Compound, the Product, the Finished Product and/or its use, including any continuation, continuation in part, divisional or reissue patent application(s ), re­examinations, renewals, substitutions, provisionals, inventor 's certificates or patent addition(s ), or patent(s ) filed thereon and any extension(s ) thereof ( by way of example, an extension by supplementary protection certificate ) and any patents issuing therefrom ; provided, however, that in the event any claimed invention theretofore covered by the Patents shall no longer be covered thereby for any reason whatsoever, including expiration, renunciation, abandonment, disclaimer, withdrawal, failure to maintain, or an adjudication of invalidity by a court of competent jurisdiction from the judgment of which no further appeal can be taken, such invention shall be deemed automatically excluded from the term to such extent . Annex 1.27 is the list of the Patents as of the Effective Date which is to be updated from time to time by mutual agreement