definiens: shall mean ( a ) unexpired EVOTEC Background Patent Right, EVOTEC Produced CompoundPatent Right, ROCHE Background Patent Right and ROCHE Produced Compound Patent Right ( including inventor’scertificates ) in any country of the Territory that have not been held invalid or unenforceable by a court of competentjurisdiction from which no appeal can be taken or has been taken within the required time period, including withoutlimitation any substitution, extension, term restoration, registration, confirmation, reissue, re - examination, renewal orany like filing thereof and ( b ) pending applications for a EVOTEC Background Patent Right, EVOTEC ProducedCompound Patent Right, ROCHE Background Patent Right and ROCHE Produced Compound Patent Right in anycountry of the Territory, including without limitation any continuation, division or continuation - in - part thereof andany provisional applications