definiens: shall mean, with respect to a particular country, ( i ) a claim of an issued, unexpired and in - force Patent Right included within the Collaboration IP, CollaborationCompound IP or other Licensed IP which claims or Covers any relevant CollaborationCompound, which has not been revoked or held unenforceable or invalid by a decision of a courtor other governmental agency of competent jurisdiction ( which decision is not appealable or hasnot been appealed within the time allowed for appeal ), and which claim has not been cancelled, withdrawn, abandoned, disclaimed, denied or admitted to be invalid or unenforceable throughreissue, re - examination or disclaimer or otherwise, or ( ii ) is a claim of a pending application thathas been pending for less than [ * * ] from its first office action, which claims or Covers anyrelevant Collaboration Compound, which application is being prosecuted in good faith and hasnot been cancelled, abandoned, withdrawn or finally rejected or expired without the possibility ofrevival, reinstatement, appeal or refiling