definiens: means ( a ) a claim of an issued and unexpired Patent ( including the term of any patentterm extension, supplemental protection certificate, renewal or other extension ) ( i ) which has not been revoked or heldto be unpatentable, invalid or unenforceable in a final decision of a court or other Governmental Authority ofcompetent jurisdiction from which decision no appeal can be further taken or has been taken within the time allowedfor appeal, and ( ii ) which has not been finally abandoned, disclaimed or admitted to be invalid or unenforceablethrough reissue, re - examination, disclaimer or otherwise ; or ( b ) a claim of a pending Patent application ( whether filedbefore or after the Effective Date ), which claim has been pending less than six ( 6 ) years from the original priority dateof such claim in a given jurisdiction, unless or until such claim thereafter issues as a claim of an issued patent ( fromand after which time the same shall be deemed a Valid Claim subject to subsection ( a ) above ), and which claim wasfiled and is being prosecuted in good faith and has not been cancelled, withdrawn or abandoned or finally rejected byan administrative agency action from which no appeal can be taken