definiens: means, with respect to any country, a claim contained in ( a ) an issued and unexpired patent ( as may be extended through sup plementary protection certificate or patent term extension or the like ) which has not been held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the ti me allowed for appeal, and which has not been admitted to be invalid or unenforceable through abandonment, reissue, disclaimer or otherwise, or ( b ) a patent application that has not been irretrievably cancelled, withdrawn or abandoned and that has been pen ding for less than ( i ) [ * * * ] from the filing date from which such claim takes priority in the case of a U.S. patent application or ( ii ) [ * * * ] from the filing date from which such claim takes priority in the case of any non -U.S