definiens: shall mean Democratic People ’s Republic of Korea, I ndonesia, Japan, Malaysia, People ’s Republic of China, Republic of the Philippines, Rep ublic of Korea, Singapore, Taiwan, Thailand, Vietnam and all countries in Europe : including Alba nia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Den mark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy,, Latvia, Lithuan ia, Macedonia, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia and Monte negro, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, and Untied Kingdom ; 1.35 shall mean a calendar year commencing from 1st Janu ary and ending on 31st December ; and 1.36 shall mean : ( a ) any claim in any of the Patent Rights issued to HERMES, or to PHARMAENGINE in the future, relating to, derived from or useful for the use, making, or sale of the Product, which has not been held invalid or unenforceable by decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and which is not admitted to be invalid through disclai mer or otherwise not admitted by such Party who is the patentee to be invalid ; and ( b ) any pending claim of any Patents file d by HERMES or by PHARMAENGINE relating to, derived from or useful for the use, making, or sale of the Product ; provided that examination has been timely requested for such pending claims a nd they are otherwise being diligently prosecuted in an effort to have them allowed and gr anted in an issued patent