definiens: means, with respect to a particular country in the Territory, ( a ) a claim of an issued and unexpired patent in such country Covering the applicable product in each case that has not been revoked or held unenforceable, unpatentable, or invalid by a decision of a court or other Governmental Authority of competent jurisdiction that is not appealable or has not been appealed within the time allowed for appeal, and that has not been abandoned, disclaimed, denied, or admitted to be invalid o r unenforceable through reissue, re -examination, or disclaimer Page 11 of 60 or otherwise, and ( b ) a claim of a patent application in such country Covering the applicable product, in each case that has been pending less than five ( 5 ) years from the e arliest date on which such patent application claims priority and which claim was filed and is being prosecuted in good faith and has not been cancelled, withdrawn, or abandoned or finally rejected by an administrative agency action from which no appeal ca n be taken