definiens: means, on a country - by - country basis, ( a ) a claim of an issued and unexpiredpatent which has not been revoked or held unenforceable or invalid by a decision of a court orother governmental agency of competent jurisdiction, unappealable or unappealed within the timeallowed for appeal, and which has not been admitted to be invalid or unenforceable throughreissue or disclaimer or otherwise, or ( b ) a claim of a pending patent application that was filed andhas been prosecuted in good faith and has not been ( i ) cancelled, withdrawn, abandoned or finallydisallowed without the possibility of appeal or refiling of such application, or ( ii ) ( A ) pending formore than [ * * * ] since such claim was first presented or ( B ) is the result of amending another claimpending for more than [ * * * ] ( either in the same application or in another application in the samejurisdiction ) so as to add or delete an obvious limitation, so as to make a trivial or nonsubstantivechange, or so as to change a matter of form ; except that any claim that becomes invalid pursuantto ( ii)(A ), or ( ii)(B ), and later issues, shall be considered a Valid Claim from the date of issuance