definiens: means a claim or pending claim of a Patent Right, which claim or pending claim has not beenrevoked or held unenforceable, unpatentable or invalid by a decision of a court or other governmental agency of competentjurisdiction, which is not appealable or has not been appealed within the time allowed for appeal, and which has not beenabandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination or disclaimer orother final, irrevocable action ; provided, however, that if the holding of such court or agency is later reversed by a court oragency with overriding authority, the claim shall be reinstated as a Valid Claim with respect to Net Sales made after the date ofsuch reversal ; provided further, on a country - by - country basis, a patent application pending for more than five ( 5 ) years shallnot be considered to have any Valid Claim for purposes of this Agreement unless and until a patent with respect to suchapplication issues with such claim