definiens: means on a country - by - country basis, a claim of ( i ) an issued and unexpired ( a ) Licensed Patent or ( b ) Collaboration Patent or ( c ) Patent which is a Licensed Improvement or ( d ) D erived Patent ( in each case as may be extended through a P atent Extension ), wherein such claim has not been f inally disclaimed, revoked, held invalid or unenforceable by a court or other Governmental Authority of compe tent jurisdiction and which claim has not been irretriev ably abandoned, disclaimed, denied or admitted to b e invalid or unenforceable through prosecution, reissue, re - e xamination or disclaimer or otherwise, or ( ii ) a pe nding application of any of ( a ), ( b ), ( c ) or ( d ) that has not been abandoned or finally rejected without the possibility of appeal or refiling ; provided, however, that a Valid Patent Claim will exclude any such c laim in a pending application that has not been granted within [ * * ] f ollowing the earliest priority filing date for such application