definiens: shall mean, with respect to the Territory, a claim of an issued and unexpired patent within the CYTOVIA Patents in such Territory ( or applications therefore, if pending for less than seven ( 7 ) years ), which patent claims the composition of matter, formulation, manufacture or use of the Product and that ( a ) has not been revoked or h eld unenforceable or invalid in the Territory by a decision of a court or governmental agency of competent jurisdiction from which no appeal can be taken or no appeal has been taken within the time allowed for appeal, or otherwise has been dedicated to the public, and ( b ) has not been abandoned, disclaimed, canceled, denied or admitted to be invalid or unenforceable in the Territory . In the case a Patent has expired, a Valid Claim may be supported by CYTOVIA know how and exclusive data for the duration of t he agreement and no less than 10 ( ten ) years