definiens: means, with respect to any Know - How, Patent or other intellectual property right, possession(by means of ownership or license ) by a Party, directly or through an Affiliate ( other than pursuant to this Agreement ), wherethe Party has the right to grant a license or sublicense as provided for in this Agreement . Any Patent, Know - How or otherintellectual property right that is licensed or acquired by a Party following the Effective Date and that would otherwise beconsidered to be under the Control of a Party shall not be deemed to be under the Control of such Party if the application ofsuch definition in the context of any licenses or sublicenses granted to the other Party under this Agreement would require thegranting Party to make any additional payments or royalties to a Third Party in connection with such license or 4 sublicense grants, unless the other Party agrees to pay the additional payments or royalties to the Third Party 1.24 means, with respect to a particular item and a particular Patent, that such Patent claims ( asopposed to merely disclosing ) directly or indirectly : ( a ) the composition of such item, any of its ingredients or formulationsor any product containing or that is made using such item ( by virtue of such product containing or being made using suchitem ) ; ( b ) a method of making or using any of the foregoing things referred to in ( a ) ; and/or ( c ) an item used or present in themanufacture of any of the foregoing things referred to in ( a ) ( for example, with respect to a biologic, any vector, plasmid orcell line used to manufacture such product or item or any ingredient in either of them )