definiens: means ( i ) unexpired letters patent ( including inventor 's certificates ) which have not been held invalid or unenforceable by a court of competent jurisdiction from which no appeal can be taken or has been taken within the required time period ( and which has not been admitted to be invalid or unenforceable through reissue, disclaimer or otherwise, or been abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written agreement ), including without limitation any substitution, extension, registration, confirmation, reissue, re - examination, supplementary protection certificates, confinnation patents, patent of additions, renewal or any like filing thereof and ( ii ) pending applications for letters patent that are being actively prosecuted ( but not in any event for more than five ( 5 ) years from the date of filing ) and which have not been canceled, withdrawn from consideration, finally determined to be unallowable by the applicable governmental authority for whatever reason ( and from which no appeal is or can be taken ), and/or abandoned in accordance with or as permitted by the terms of this Agreement or by mutual written consent, including without limitation any continuation, division or continuation - in - part thereof and any provisional applications