definiens: means, on a country - by - country basis, any claim of a non - expired and non - abandoned Patent Right within the Licensed Patent Rights which ( a ) has not been held unenforceable, non - patentable, orinvalid by a court or governmental agency of competent jurisdiction, and which is unappealed or unappealable within thetime allowed for appeal, or ( b ) has not been admitted by the holder of the Patent Right to be unenforceable, non - patentable, orinvalid through reissue, disclaimer, or otherwise, and in each case for ( a ) and ( b ) which Covers the manufacture, use or sale ofa Licensed Product ; provided, however, that if any such claim is in a pending patent application in a country, such patentapplication is being prosecuted in good faith and such claim has not been pending for more than ten ( 10 ) years from the dateof the earliest office action or communication from the applicable patent office of such country ( or region, for Europeanpatent applications )