definiens: means, with respect to any country : ( a ) a claim of an issued and unexpired patent ( as maybe extended through supplementary protection certificate or patent term extension or the like ) to the extent such claimhas not been revoked, held invalid or unenforceable by a patent office, tribunal, court or other governmental agency ofcompetent jurisdiction in a final and non - appealable judgment ( or judgment from which no appeal was taken within theallowable time period ) and which claim has not been disclaimed, denied or admitted to be invalid or unenforceablethrough reissue, post grant opposition, revocation, re - examination or disclaimer or otherwise ; and ( b ) a claim of apending patent application in such country covering the applicable product, in each case that has been pending lessthan [ * * ] years from the earliest date on which such patent application claims priority and which claim License Agreement SIIL - [COMPANY] – EXECUTION VERSION Page 8was filed and is being prosecuted in good faith and has not been cancelled, withdrawn or abandoned or finally rejectedby an administrative agency action from which no appeal can be taken