definiens: shall mean either : ( a ) a claim of an issued and un expired patent included within the PATENT RIGHTS which has not bee n revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmen tal agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which has not been disclaimed, denied or admitted t o be invalid or unenforceable through reexamination, rei ssue, disclaimer or otherwise ; or ( b ) a claim of a pending patent application included within the PATENT RIGHT S, which claim has not been abandoned or finally disallowed without the possibility of appeal or ref iling of such application, and has been pending for less than [ * * ] years from the date such claim was filed in a first national filing non - provisional patent applic ation in the country of interest and has not been ( i ) canceled, ( ii ) withdrawn from consideration, ( iii ) finally de termined to be unallowable by the applicable governmental authorit y ( and from which no appeal is or can be taken ), or ( iv ) abandoned