definiens: means, with respect to a particular country, ( a ) a claim of an issued and unexpired Patentthat ( i ) has not been specifically held permanently revoked, unenforceable or invalid by a decision of a court or otherGovernmental Authority of competent jurisdiction, which decision is unappealed or unappealable within the timeallowed for appeal, and ( ii ) has not been cancelled, withdrawn, abandoned, disclaimed or admitted to be invalid orunenforceable through reissue, disclaimer or otherwise, or ( b ) a bona fide claim of a pending patent application filed ingood faith included within a Patent that has not been ( i ) cancelled, withdrawn or abandoned without being re - filed inanother application in the applicable jurisdiction, or ( ii ) finally rejected by an administrative agency action from whichno appeal can be taken or that has not been appealed within the time allowed for appeal ; provided, that any claim inany patent application pending for more than [ * * * ] from the earliest date on which such patent application claimspriority shall not be considered a Valid Claim for purposes of the Agreement from and after such [ * * * ] date unless anduntil a patent containing such claim issues from such patent application