definiens: means, with respect to a Licensed Patent, any claim from ( a ) an issued and unexpired or issued and extended patent in the Territory that has not lapsed, been revoked or cancelled, or held unenforceable or invalid by a decision of a court or other govern mental agency of competent jurisdiction against which appeal is not, or is no longer, possible or that has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, or disclaimer or otherwise ; or ( b ) a pending patent applicati on in the Territory being prosecuted in good faith that has not been cancelled, withdrawn, abandoned, finally rejected and that has not been pending for more than [ * * * ] ( [ * * * ] ) years from the date of its first priority filing anywhere in the world . If a cl aim of a patent application that ceased to be a Valid Claim under item ( b ) because of the passage of time that later issues as part of a patent within item ( a ), then it shall again be considered a Valid Claim effective as of the earlier of the grant, allow ance or issuance of such patent