definiens: shall mean, w ith respect to a particular country, ( a ) a claim of a pending patent application within the Patent Rights that has been pending for no more than seven ( 7 ) y ears following the earliest national stage filing date f or such patent or patent application, that is being prosecuted in good faith, and that has not been abandoned, finall y rejected or expired without the possibility of ap peal or refiling or ( b ) a claim of an issued and unexpired patent in cluded within the Patent Rights, which has not been revoked, or held unenforceable or invalid by a decision of a co urt or other governmental agency of competent juris diction, which decision is unappealed or unappealable within the time allowed for appeal and which has not been cancelled, withdrawn, abandoned, disclaimed, denied, or admitt ed to be invalid or unenforceable through reissue, disclaimer or otherwise . For clarity, a claim of a patent appl ication that ceased to be a Valid Claim under claus e ( a ) before it issued because it had been pending too long, but su bsequently issued and is otherwise described by thi s clause ( b ) shall again be considered to be a Valid Claim once it issues ; provided that with respect to the paymen t of any royalties if said claim with said pendency period s ubsequently issues said pending claim, shall be con sidered a Valid Claim, during the entire pendency period in t he Patent Rights . A Licensed Product is covered by a Valid Claim if its manufacture, use, sale, offer of sale, marketing, commercialization, distribution, import ation or exportation by LICENSEE in a given country would, b ut for the rights granted by BCM to LICENSEE under this Agreement, infringe such Valid Claim