definiens: means any claim of ( a ) any issued and unexpired patents in the Licensed Territory thathas not been ( i ) revoked or held unenforceable, unpatentable or invalid by a Government Authority of competentjurisdiction 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re - examination ordisclaimer or 11otherwise, or ( b ) any patent application that has not been ( i ) cancelled, withdrawn or abandoned without being refiled inanother application in the applicable jurisdiction or ( ii ) finally rejected by an administrative agency or GovernmentAuthority of competent jurisdiction in a decision that is not appealable or that has not been appealed within the timeallowed for appeal, provided that, on a country - by - country basis, a patent application pending for more than five(5 ) years from the later of the priority or filing date of such application shall not be considered to have any Valid Claimfor purposes of this Agreement from and after such five ( 5 ) year date, unless refiled as provided in ( b)(i ) above