definiens: means ( i ) valid and enforceable unexpired letters patent ( includinginventor ’s certificates ) including, . without limitation, any substitution, extension ( such as supplementary protectioncertificates ), registration, confirmation, reissue, re - examination, renewal or any like filing thereof, and ( ii ) pendingapplications for letters patent, including without limitation any continuation, continuation - in - part ( but only to theextent supported in the specification, and entitled to the priority date of, the parent application ) or division thereofand any provisional application, and any foreign counterpart and all patents that issue therefrom ; provided that if apending application for letters patent has not issued as an issued patent within five ( 5 ) years after the filing datefrom which such patent application takes priority, such pending application shall not be a PATENT RIGHT forpurposes of this AGREEMENT unless such pending application later issues as an issued patent at which time theissued patent shall be reinstated as a PATENT RIGHT hereunder