definiens: means, as applicable, an enumerated claim in : ( a ) any unexpired andissued patent included within the RNAi IP, as well as any patent filed by or on behalf ofArrowhead after the Closing which claims priority to, or shares a common priority date with, anysuch patent within the RNAi IP, in each case to the extent that such patents have not beendisclaimed, canceled, revoked or held invalid, unenforceable, or otherwise unpatentable, by afinal non - appealable decision of a court of competent jurisdiction or other GovernmentalAuthority ; or ( b ) any pending patent application for any applicable country : ( i ) that is on file withthe applicable patent office and has shown evidence of reasonably consistent activity to advanceto issuance of a patent, ( ii ) which application has been on file with the applicable patent office forno more than five years from the earliest date to which the patent application claims its earliestpriority, provided that the period shall extend to seven years from the earliest date to which thepatent application claims its earliest priority for any application with the patent office in Japan, and ( iii ) which is either included within the RNAi IP or was filed by or on behalf of [COMPANY] orany of its Affiliates after Closing, but claims priority to, or shares a common priority date with, anypatent or patent application included within the RNAi IP