definiens: means, with respect to a country, a claim of ( a ) an issued and unexpired Patent in such country which has not been revoked, held unenf orceable, unpatentable or invalid by an administrat i ve agency, court or other governmental agency of a com petent jurisdiction in a final and non - appealable d ecision ( or decision unappealed within the time allowed for appeal ), and which has not been admitted to be inv alid or unenforceable through reissue, disclaimer or otherw ise or ( b ) a pending Patent application in such cou ntry that is being prosecuted 25 Confidential EXECUTION VERSION in good faith and has not been pending for more tha n [ * CONFIDENTIAL * ] from the first office action date with respect to such Patent application ( for clarit y, a Patent application pending longer than such [ * CONFIDENTIAL * ] period would become a Valid Claim after such perio d upon the issuance of the relevant Patent )