definiens: shall mean : ( a ) a claim of an issued and unexpired patent owned by Licensee, excluding any Joint Patent Rights, that h as not been ( i ) held permanently revoked, unenforceable, unpatentable or invalid by a decisio n of a court or governmental body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, ( ii ) rendered unenforceable through disclaimer or otherwise, ( iii ) abandoned, or ( iv ) lost through an interference proceeding ; or ( b ) a pending claim of a pending pat ent application owned by Licensee ( in a particular country ), excluding any Joint Patent Rights, that ( i ) has been asserted and continues to be prosecuted in good faith, ( ii ) has not been abandoned or final ly rejected without the possibility of appeal or refiling and ( iii ) has not remained un - issued for a period of five or more years from the date of issuance of the first substantive patent office act ion considering the patentability of such claim by the applicable patent office in such country