definiens: means ( a ) a claim of any iss ued and unexpired patent whose validity, enforceability, or patentability has not been affec ted by any of the following : ( i ) irretrievable laps e, abandonment, revocation, dedication to the public, or disclaimer ; or ( ii ) a holding, finding, or decision of invali dity, unenforceability, or non - patentability by a court, national or regional patent office, or other applic able Government Authority that has competent jurisdiction, such hol ding, finding, or decision being final and unappeal able or unappealed within 25 the time allowed for appeal ; or ( b ) a claim of a pa tent application that is filed in good faith and ha s not been ( i ) cancelled, withdrawn, abandoned or finally disallow ed, without the possibility of appeal or refiling, or ( ii ) pending for more than seven ( 7 ) years from its earliest pri ority date, as of the relevant time