definiens: means any claim in any ( a ) unexpired and issued p atent that has not been disclaimed, revoked or held invalid by a final nona ppealable decision of a court or other governmental agency of competent jurisdiction, or ( b ) to the extent that K aryopharm prosecutes in timely manner pursuant to Section 12.4.2(a ), patent application that has not lapsed, in the case of a provisional patent applica tion, or been cancelled, withdrawn or abandoned without the possi bility of revival, nor has been pending for more th an [ * * ] from the earliest priority date claimed for such ap plication ; provided, however, that, if, thereafter, a patent containing such claim matures into registered paten t, such claim shall thereafter be considered a Vali d Claim in accordance with subclause ( a ) above . For the purpos e of Section 8.4, if the patent application that ha s been pending for more than [ * * ] from the earliest priori ty date claimed for such application matures into r egistered patent after the Royalty Term, such patent applicat ion or the registered patent thereof shall not be c ounted