definiens: means, with respect to a particular country, ( a ) a claim of an issued and unexpired Patent Right included within theBioNTech Patent Rights, or Research Program Patent Rights claiming the Product or the Manufacture or use thereof that ( i ) has not beenheld permanently revoked, unenforceable or invalid by a decision of a court or other governmental authority of competent jurisdiction, whichdecision is unappealed or unappealable within the time allowed for appeal, and ( ii ) has not been cancelled, withdrawn, abandoned, disclaimedor admitted to be invalid or unenforceable through reissue, disclaimer or otherwise ; or ( b ) a bona fide claim of a pending patent applicationincluded within the [COMPANY] Patent Rights or Research Program Patent Rights claiming the Product or the Manufacture or use thereof thathas not been ( i ) cancelled, withdrawn or abandoned without being refiled in another application in the applicable jurisdiction or ( ii ) finallyrejected by an administrative agency action from which no appeal can be taken or that has not been appealed within the time allowed forappeal, provided that any claim in any patent application pending for more than seven ( 7 ) years from the earliest date on which such patentapplication claims priority shall not be considered a Valid Claim for purposes of the Agreement from and after such seven ( 7 ) year date;provided, further, that in no event will any claim of Patent Right that would otherwise be expired except for a Patent Term Extension withrespect to a product that is not a Product or Candidate be considered a Valid Claim