definiens: means ( a ) unexpired letters patent ( including inventor ’s certificates ) which have not beenheld invalid or unenforceable by a court of competent jurisdiction from which no appeal can be taken or has beentaken within the required time period ( and which have not been admitted to be invalid or unenforceable throughreissue, disclaimer or otherwise, or been abandoned in accordance with or as permitted by the terms of this Amendedand Restated Agreement or by mutual written agreement ), including without limitation any substitution, extension, registration, confirmation, reissue, re - examination, supplementary protection certificates, confirmation patents, patentof additions, renewal or any like filing thereof and ( b ) pending applications for letters patent which have not beencanceled, withdrawn from consideration, finally determined to be unallowable by the applicable governmental authorityfor whatever reason ( and from which no appeal is or can be taken ), and/or abandoned in accordance with or aspermitted by the terms of this Amended and Restated Agreement or by mutual written consent, including withoutlimitation any continuation, division or continuation - in - part thereof and any provisional applications