definiens: or means, when referring to a product, invention or other Know - How : ( a ) with respect to a patent, that the practice by such Person of a specified activity with respect to such product, or the practice by such Person of such invention or the use by such Pe rson of such Know - How, would infringe a claim inclu ded in such patent unless such Person had a license under, or other interest permitting such practice in, suc h claim, or ( b ) with respect to a patent application, that the prac tice by such Person of a specified activity with re spect to such product, or the practice by such Person of such inv ention or the use by such Person of such Know - How, would infringe a claim included in such patent applicatio n, if such patent application were to issue as a pa tent, unless such Person had a license under, or other interest permitting such practice in, such claim