definiens: means ( i ) a claim of an issued patent in the Patent Rights that ( a ) has not expired or been abandoned ; ( b ) has not been disclaimed ; ( c ) has not been canceled or superseded, or if cancelled or superseded, has not been reasserted ; ( d ) has not been revoked, held invalid or otherwise declared unenforceable or not allowable by a tribunal or patent authority of competent jurisdiction over such claim in any country in which such patent may have issued ( from which no further appeal has or may be taken ) ; and/or ( e ) abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written consent ; or ( ii ) a claim included in a pending patent application under the Patent Rights, which claim is being actively prosecuted in accordance with this Agreement, has been subject to prosecution for protection for no more than five ( 5 ) years and has not been canceled, withdrawn from consideration, finally determined to be unallowable by the applicable governmental authority in such country ( and from which no appeal is or can be taken ), and/or abandoned in accordance in accordance with or as permitted by the terms of this Agreement by mutual written consent