definiens: means either : ( a ) a claim of an issu ed and unexpired patent included within the relevant Patent Rights which has not been revoked o r held unenforceable, unpatentable or invalid by a decision of a court or other governmen tal agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been disclaimed, denied or admitted to be invalid or une nforceable through reexamination, reissue, disclaimer or otherwise ; or ( b ) a claim of a pendin g patent application included within the relevant Patent Rights, which claim has not been ab andoned or finally disallowed without the possibility of appeal or refiling of such applicati on, and has been pending for less than [ * * ] years from the date such claim was filed in a first national filing non - provisional patent application in the country of interest and has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally determined to be unall owable by the applicable governmental authority ( and from which no appeal is or can be ta ken ), or ( iv ) abandoned