definiens: means, with respect to a pa rticular country and Compound or Product, a claim o f ( a ) an issued and unexpired Theravance Patent Right ( including the term of any patent term extension, supplemental protection certificate, renewal or oth er extension ) that ( i ) has not been held permanentl y revoked, unenforceable or invalid by a decision of a court o r other Governmental Authority of competent jurisdi ction, which decision is unappealable or unappealed within the t ime allowed for appeal and ( ii ) has not been cancel led, withdrawn, abandoned, disclaimed or admitted to be invalid or unenforceable through reissue, disclaime r or otherwise ; or ( b ) a bona fide claim of a pending pa tent application included within the Theravance Pat ent Rights that has not been ( i ) cancelled, withdrawn or aband oned without being refiled in another application i n the applicable jurisdiction or ( ii ) finally rejected by an administrative agency action from which no appe al can be taken or that has not been appealed within the time allow ed for appeal, provided that any claim in any paten t application pending for more than [ * * * * * ] shall not be consider ed a Valid Claim for purposes of the Agreement from and after such [ * * * * * ] date unless and until a patent contain ing such claim issues from such patent application