definiens: means ( a ) an issued, unexpired patent ( with the term being deemed to encompass~ without limitation, an inventor 's certificate ) in any country which has not been held invalid or unenforceable by a court of competent jurisdiction from which no appeal can be taken or has been taken within the required time period, including without limitation any substitution, extension, registration, confirmation, reissue, re - examination, renewal or any like filing thereof or ( b ) an application for a patent pending in any country, including without limitation any provisional, · converted provisional, continued prosecution applicatipn, continuation, divisional or continuation - in - part thereof ; any patents issuing therefrom ; and any substitution, extension, registration, confirmation, reissue, reexamination, renewal or like filing thereof, provided that if such an application for a patent has not issued as an issued patent within [ eight ( 8) ] years after the filing date from which such application takes priority, such application for a patent shall not be a Patent for purposes of this Agreement unless such application for a patent later issues as an issued patent at which time such application for a patent shall be reinstated as a Patent hereunder