definiens: means any claim, within any Esperio n Patent Rights in the Field, that : ( a ) has been granted by a patent granting authority, that is in force and unexpired, and that has not been surrendered, abandoned, revoked, disclaimed or held invalid or unenforceable by a decision taken by an administra tive or civil court in the [COMPANY] Territory ; or ( b ) is a pending claim in a patent application within the Esperion Patent Rights in the Field [ * * * ] ; provided that any such pending claim in such patent application that has been pending for more than [ * * * ] y ears following the first filing date of such patent application in the [COMPANY] Territory shall cease to be a Valid Claim in the [COMPANY] Territory unless and until it becomes a granted claim fulfilling the requirements under ( a ) above while the Royalty Term i s otherwise ongoing . For clarity, for purposes of the foregoing proviso, if such patent application is a continuation application or a divisional application, the with respect to such patent application shall mean the filing date in the [COMPANY] Territory of the original ( parent ) patent application on which such continuation application or divisional application is based