definiens: or means, when r eferring to a compound or product, Patent Right or Know - How : ( a ) with respect to an issued patent incl uded in a Patent Right, that, in the absence of a l icense granted to a Person under a claim of such Patent Ri ght, the practice by such Person of a specified act ivity with respect to such compound or product, or the practic e by such Person of such Patent Right or the use by such Person of such Know - How, would infringe such claim, or ( b ) with respect to a patent application includ ed in a Patent Right, that, in the absence of a license gra nted to a Person under a claim included in such pat ent application, the practice by such Person of a speci fied activity with respect to such compound or prod uct, or the practice by such Person of an invention claimed in such Patent Right or the use by such Person of such Know - How, would infringe such claim if such patent appli cation were to issue as a patent