definiens: means any claim of ( a ) any issued and unexpired Patent Right that claims a Collaboration Compound that has not been ( i ) revoked or held unenforceable, unpatentable or invalid by a Government Authority of competent jurisdiction in a decision that is not appealable or that has not been appealed within the time allowed for appeal or ( ii ) abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue, re - examination or disclaimer or otherwise, or ( b ) any patent application that claims a Collaboration Compound that has not been ( i ) cancelled, withdrawn or abandoned without being refiled in another application in the applicable jurisdiction or ( ii ) finally rejected by an administrative agency or Government Authority of competent jurisdiction in a decision that is not appealable or that has not been appealed within the time allowed for appeal, provided that, on a country - by - country basis, a patent application pending for more than five ( 5 ) years from the priority date of such application shall not be considered to have any Valid Claim for purposes of this Agreement from and after such five ( 5)­year date unless and until a patent with respect to such application issues