definiens: means a claim of a Jounce Patent or a Joint Patent that : ( a ) has issued andhas not expired, lapsed, been cancelled, or abandoned, or been dedicated to the public, disclaimed, orheld unenforceable, invalid, unpatentable, revoked, or cancelled by a court or administrative agency ofcompetent jurisdiction in an order or decision from which no appeal has been or can be taken ( withrespect to U.S. Patents, other than by a petition to the United States Supreme Court for a writ ofcertiorari ), including through opposition, reexamination, reissue, disclaimer, inter partes review, post grantreview, post grant procedures, or similar proceedings ; or ( b ) is in a pending patent application that has notbeen finally abandoned or finally rejected or expired and which has been pending for no more than [ * * * ] years ( or, in the case of any such pending patent application in [ * * * ], [ * * * ] years ) from the date of that theprosecuting Party first receives a substantive office action for such application for a Patent ( excludingrestriction requirements, notices to file missing parts, and the like ) provided, that ( i ) no claim of a pendingpatent application shall be considered a Valid Claim from and after [ * * * ] the earliest effective filing date forsuch patent application, and ( ii ) the time limitations described in this Section 1.132(b ) shall not apply toany patent application in [ * * * ] . For clarity, subject to the foregoing proviso, a claim of a Jounce Patent or aJoint Patent which is in a pending patent application that issues after being pending for more than [ * * * ] years ( or, in the case of any such pending patent application in [ * * * ], [ * * * ] years ) from [ * * * ] as described [ * * * ] shall be considered a Valid Claim as of the date of issuance