definiens: means, with respect to any country : ( a ) a claim i n an issued [COMPANY] Patent, Binder Improvement Patent or Product - Specific Patent ( in e ach case, that issued before or after the Effective Date ) that has not : ( i ) expired or been canceled ; ( ii ) been re voked, declared invalid or unenforceable by an unre versed and unappealable or unappealed decision of a court or o ther appropriate body of competent jurisdiction in such country ; ( iii ) been admitted by [COMPANY] to be inval i d or unenforceable through reissue, disclaimer or otherwise ; or ( iv ) been abandoned in accordance with or as permit ted by the terms of this Agreement or by written ag reement of the Parties ; or ( b ) a claim in any application f or a [COMPANY] Patent, Binder Improvement Patent or P roduct - Specific Patent that has been pending in a country for [ * * * ] ( [ * * * ] ) [ * * * ] from the first to occur of ( i ) the date that such application enters into a national phase in such country, or ( ii ) the date of the first dire ct filing of such application in such country and, in any case, which has not been canceled, withdrawn from consideratio n, finally determined to be unallowable by the applicable gove rnmental authority or court for whatever reason ( an d from which no appeal is or can be taken ), or abandoned