definiens: means a claim of ( i ) an issued and un expired patent or a supplementary protection certificate, which claim has not been he ld invalid or unenforceable by a court or other gov ernment agency of competent jurisdiction from which no appe al can be or has been taken and has not been held o r admitted to be invalid or unenforceable through re- examination or disclaimer, opposition procedure, nu llity suit or otherwise, or ( ii ) a pending patent application, which claim in the case of clause ( i ) or ( ii ) cove rs a Licensed Product, its manufacture or use ; provided, however, that if a claim of a pending patent application s hall not have issued within [ * ] ( [ * ] ) years ( or in Japan, [ * ] ( [ * ] ) years ) after the earliest filing date from which such claim takes priority, such claim shall not constitute a Valid C laim for the purposes of this Agreement unless and until a patent issues with such claim