definiens: shall mean any product, process or method the composition of matter, manufacture, use or sale of which is covered by a Valid Claim of the [ C3 ] Patents ; provided, however, that if and to the extent [COMPANY] 's license with respect to the Secondary Licensed Product ( as defined in the [ Tufts C3 ] Agreement ) under the [ Tufts C3 ] Agreement terminates as provided in Section 4.1 of the [ Tufts C3 ] Agreement, shall not include such Secondary Licensed Product . For purposes of the definition of [ C3 ] Licensed Product, shall mean ( i ) an issued claim of an unexpired patent that has not been withdrawn, canceled or disclaimed, or held invalid or unenforceable by a court of competent jurisdiction in an unappealed or unappealable decision, or ( ii ) a claim of a patent application which has not been pending for more than six ( 6 ) years from the earlier of ( A ) the date of the first substantive office action for claims filed in the United States or ( B ) from the date of the first regional or national phase Examiner 's report for claims was filed outside of the United States and, in the case of ( A ) and ( B ), there have been reasonable efforts to advance to issuance of a patent prior to the final deadlines prescribed by the relevant patent offices . For the avoidance of doubt, for the purposes of the definition used in this definition of [ C3 ] Licensed Product, or means any communication from an applicable patent office that examines the patentability of a claim and does not include ( i ) any and all correspondence received during the PCT stage, including but not limited to the international search report, ( ii ) general correspondence from a patent office, i.e