definiens: shall mean : ( a ) a claim of an issued and unexpired patent within the Harvard Patent Rights or, except as excluded pursuant to Section 3.4.2, Joint Patent Rights that has not been ( i ) held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, ( ii ) rendered unenforceable through disclaimer or otherwise,(iii ) abandoned, or ( iv ) lost through an interference proceeding ; ( b ) a pending claim of a pending patent application within theHarvard Patent Rights ( in a particular country ) that ( i ) has been asserted and continues to be prosecuted in good faith, ( ii ) hasnot been abandoned or finally rejected without the possibility of appeal or refiling and ( iii ) has not remained un - issued for aperiod of [ * * ] or more years from the date of issuance of the first substantive patent office action considering the patentabilityof such claim by the applicable patent office in such country, provided that if after the earliest possible date for requestingexamination in such country Harvard fails to request examination by such patent office within [ * * ] days after Licenseerequests Harvard to do so, such [ * * ] -year period shall run from the date of Licensee ’s request that Harvard requestexamination ; or ( c ) except as excluded pursuant to Section 3.4.2, a pending claim of a patent application within the JointPatent Rights