definiens: shall mean ( a ) the patent applications and patents listed in Schedule 7, all continuation, continuation - in - part ( to the extent the claims thereof are directed to subject matter specifically described in a patent or patent application listed on Schedule 7 ), divisional, re - examination, and reissue patent applications and patents and counterpart patent applications and patents in any country that claim priority therefrom, ( b ) MERCK KGAA 's interest in any and all patents claiming IMPROVEMENTS and ( c ) EXTENSIONS to ( a ) and ( b ) . A MERCK KGAA PATENT will be considered to exist in any country during the period in which an application for a patent is pending in such country or in which any patent has been issued and has not expired or been declared invalid or unenforceable in a final judgment or administrative ruling of a forum with jurisdiction, as to which there either is no appeal or all rights of appeal have been exhausted