definiens: means ( a ) any claim of any Patent Right that has is sued, is unexpired and has not been rejected, revoked or held unenforc eable or invalid by a final, non - appealable ( or una ppealed within the time allowable for appeal ) decision of a court or other Governmental Authority of competent jurisdiction or ( b ) any claim of any patent application that has ( i ) been pending for five ( 5 ) years or less from t he date of issuance of the first substantive patent office act ion considering the patentability of such claim by the applicable patent office in the applicable country and ( ii ) not been cancelled, withdrawn, abandoned o r finally rejected by an administrative agency action from which no appeal c an be taken ; provided that if after the earliest possible date for requesting examination in such country the pate ntee fails to request examination by such patent of fice within sixty ( 60 ) days after the licensed Party requests t he patentee to do so, such five ( 5 ) year period sha ll run from the date of the licensed Party ’s request that the paten tee request examination