definiens: means a claim of ( a ) an issued and unexpired patent which has not lapsed or been revoked, abandoned or held unenforceable or invalid by a final decision of a court or governmental or supra - governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed forappeal, and which has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, reexamination or disclaimer or otherwise or ( b ) any patent application which was filed in good faith and whichhas not been cancelled, withdrawn, abandoned, or disallowed without the possibility of appeal or re- filing ofthe application and that has not been pending for more than five ( 5 ) years from the first substantive officeaction on such patent application . If the patent application has been refiled or is a divisional application, thefive ( 5 ) year period mentioned above shall be calculated from the first application filed in the series ofapplications