definiens: shall mean a claim of ( i ) an unexpired and issued patent within the BioMedica IPthat has not been disclaimed, revoked, or held invalid, unpatentable or unenforceable by anadministrative agency, court or other government agency of competent jurisdiction in a final andnon - appealable decision ( or a decision unappealed within the time limit allowed for appeal ), andwhich has not been admitted to be invalid or unenforceable through reissue, re- examination ordisclaimer or otherwise ; or ( ii ) a pending patent application within the BioMedica IP which has notbeen finally rejected by a patent office or other governmental agency of competent jurisdiction inan unappealable decision or a decision that is un - appealed within the time allowed for appeal andhas not been pending for more than five ( 5 ) years from the date of filing of such pending patentapplication