definiens: shall mean with respect to a particular country, a claim of any existing or future issued andunexpired patent and/or patent application ( including provisional applications ) included in the Anaconda Portfolio thathas not ( A ) lapsed, been cancelled or abandoned or dedicated to the public ( subject, in case of abandonment ordedication to the public of a patent, to Biota providing notice to the Holder Representative reasonably promptly beforesuch abandonment or dedication to the public ) or ( B ) revoked, held unenforceable, invalid or unpatentable by adecision of a court or other government body ( which decision is unappealed or unappealable within the time allowedfor appeal ), including through opposition, reexamination or reissue, and which has not been rendered unenforceablethrough disclaimer or otherwise ; provided, that, on a country - by - country basis, a patent application pending for morethan five ( 5 ) years from the earliest priority 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 and until a patent with respect to suchapplication issues ; provided, further, that with respect to any such patent application, if a patent issues after suchfive ( 5 ) year date, all Royalties that would have been payable hereunder between the expiry of such five ( 5 ) yearperiod and the issue date of such patent shall be paid retroactively to the Sellers in accordance with Section 2.8(e )