definiens: means a claim of ( a ) an issued and unexpired patent which has not lapsed or been revoked, abandoned or held unenforceable or invalid by a final decision of a court or governmental or supra - governmental agency of competent jurisdict ion, unappealable or unap pealed within the time allowed for appeal, and which has not been disclaim ed, denied or admitted to be invalid or unenforceable through reissue, reexamination or dis claimer or otherwise, or ( b)(i ) any pending bona fide and non - frivolous application submitt ed in good faith, or ( ii ) any pending application h aving a common priority date with a patent described in ( a ) above that has issued in any other country, in each such case of ( i ) and ( ii ), which claim has not been finally abandoned or denied or been held unpatentable by a final decision of a court or gove rnmental or supra- governmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal ( each of ( i ) or ( ii ) above, a ) . For purposes of thus clause, a ny such Pending Claim as described above that has been pending for more than five ( 5 ) years will not be considered a Valid Claim for purpose of this Agreement after such period until i t issues ( if at all )