definiens: means, with respect to a Patent Right in a countr y or jurisdiction, any claim in ( a ) an issued Patent Rig ht that has not ( i ) expired, irretrievably lapsed o r been abandoned, revoked, dedicated to the public or disclaimed, inc luding any applicable patent term adjustments or ex tensions, supplementary protection certificates and similar p atent term extensions awarded by regional or nation al patent offices ; or ( ii ) been found to be unpatentable, inv alid or unenforceable through reissue, disclaimer o r by an unreversed and unappealable decision of a Governmen tal Authority in such country or jurisdiction ; or ( b ) a patent application which has been pending no longer than s even ( 7 ) years from its earliest non - provisional fi ling date, which has not been cancelled, withdrawn or abandone d without the possibility of revival . Notwithstandi ng the foregoing, should a patent claim in an application lose its status as a because i t has been pending for more than seven ( 7 ) years, it shall be reinstated as a upon issuance