definiens: means, with respect to any country : ( a ) a claim of an issued and unexpiredpatent ( as may be extended through supplementary protection certificate or patent term extension or the like)that has not been revoked, held invalid or unenforceable by a patent office, court or other governmentalagency of competent jurisdiction in a final and non - appealable judgment ( or judgment from which noappeal was taken within the allowable time period ) and which claim has not been disclaimed, denied oradmitted to be invalid or unenforceable through reissue, re - examination or disclaimer or otherwise ; or ( b ) apending claim of an unissued US patent application, which application has not been pending for more than * * * years since its effective filing date ( which for the sake of clarity is the earliest priority date of the patentapplication ) ; or ( c ) a pending claim of an unissued Canadian ( CA ) or European ( EP ) patent application, which application has not been pending for more than * * * years since the date such application enters intosuch a national stage in such country ), provided that with respect to US, CA or EP applications, such***year period shall be tolled for the duration of any pre - grant opposition proceeding, any interferenceproceeding or any appeal, in each case with respect to such patent application