definiens: means ( a ) a claim of an issued and unexpired pate nt that has not been revoked or held unenforceable, unpatentable or invalid by a de cision of a court or other governmental agency of c ompetent jurisdiction that is not appealable or has not been appealed within the time allowed for appeal, and t hat has not been abandoned, disclaimed, denied or admitted to b e invalid or unenforceable through reissue, re - exam ination or disclaimer or otherwise, or ( b ) a claim of a pen ding patent application that has been pending less than five ( 5 ) years from the earliest date on which such pate nt application claims priority ( direct or indirect, in whole or in part ) and which claim was filed and is being prosec uted in good faith and has not been cancelled, with drawn or abandoned or finally rejected by an administrative agency action from which no appeal can be taken