definiens: means, with respect to any country, a claim of ( a ) an unexpiredissued Patent to the extent such claim has not been re voked or held invalid or unenforceable bya patent office, court or other governmental agency of competent jurisdiction in a final and non - appealable judgment ( or judgment from which no appea l was taken within the allowable timeperiod ) and which claim has not been admitted to be i nvalid or unenforceable through reissue, reexamination, disclaimer, or otherwise in the relev ant country, or ( b ) a Patent Applicationpending for less than [ * ] from its earliest priority da te in the relevant country, provided that, forclarity, any claim of a Patent Application that is pen ding for more than [ * ] after its earliest prioritydate, as applicable, shall become a Valid Claim if it later issues and otherwise falls withinsubsection ( a )