definiens: means, with respect to any country : ( a ) a claim of an issued and unexpired patent ( as may beextended through supplementary protection certificate or patent term extension or the like ) included within Patents to theextent such claim has not been revoked, held invalid or unenforceable by a patent office, court or other governmental agencyof competent jurisdiction in a final and non - appealable judgment ( or judgment from which no appeal was taken within theallowable time period ) and which claim has not been disclaimed, denied or admitted to be invalid or unenforceable throughreissue, re - examination or disclaimer or otherwise ; and ( b ) a claim of a pending patent application included within Patentswhich claim was filed and is being prosecuted in good faith and has not been abandoned or finally disallowed without thepossibility of appeal or refiling of the application, provided that no more than eight ( 8) years have passed since the earliestpriority date for such application