definiens: means either ( a ) a claim of an issued and unexpired Invention Patent which has not been heldpermanently revoked, unenforceable or invalid by a decision of a court or other governmental agency ofcompetent jurisdiction, unappealable or unappealed within the time allowed for appeal and that is notadmitted to be invalid or unenforceable through reissue, disclaimer or otherwise ( i.e., only to the extent thesubject matter is disclaimed or is sought to be deleted or amended through reissue ), or ( b ) a claim of apending Invention Patent application that has not been abandoned, finally rejected or expired without thepossibility of appeal or refiling, provided, however, that Valid Claim will exclude any such pending claim in anapplication that has not been granted within the later of ( A ) seven ( 7 ) years following the earliest non - provisional priority filing date for such application and ( B ) five ( 5 ) years after receipt of the first office actionin response to such application, unless and until such claim is granted