definiens: shall mean, as applicable, a claim in any ( i ) unexpired and issued Patent Right that has not been disclaimed, revoked or held invalid by a final nonappealable decision of a court of competent jurisdiction or government agency ; or ( ii ) pending patent application in any country of the - 17 - Territory that ( a ) in the situation where such pending patent application is being Handled by Eleven, Eleven is using Commercially Reasonable Efforts to Handle such pending patent application and such pending patent application is on file with the applicabl e patent office and has shown evidence of reasonable progression in such applicable patent office to advance to issuance of a patent, and ( b ) regardless of whether Eleven or [COMPANY] is Handling such pending patent application, has been on file with the appli cable patent office for no more than seven ( 7 ) years from the earliest date to which the patent application claims its earliest priority, wherein following such date such claim is considered expired until the date ( if any ) that such a claim is issued or ac cepted for issuance, upon which it is prospectively reinstated as a Valid Claim