definiens: shall mean a claim : ( a ) with respect to a granted and unexpired patent in the Territory, that ( i ) has not been held permanently r evoked, unenforceable or invalid by a decision of a court or other governmental entity of competent jurisdiction, whic h decision is unappealable or unappealed within the time allowed for appeal, and ( ii ) has not been abandoned, disclaimed, denied or admitted to be invalid or u nenforceable through reissue or disclaimer or otherwise ; or ( b ) with respect to a pending patent application, that was filed and is being prosecuted in good faith and has not been abandoned or finally disallowed without the possibi lity of appeal or re - filing of the application and has not been on file with the United States Patent and Trademark O ffice for more than [ * * * ] from the earlier of its date of filing o r earliest claim of priority under 35 USC § 119 or § 120 and its successors in the Territory