definiens: means a claim ( a ) of any issued, unexpired United States or foreign Patent, which has not, in the country of issuance, lapsed, or bee n donated to the public, been revoked, abandoned, w ithdrawn, disclaimed, denied, held invalid or unenforceable b y a court of competent jurisdiction or governmental or supra - governmental agency of competent jurisdiction, in a n unappealed or unappealable decision or admitted t o be invalid or unenforceable, or ( b ) of any United Stat es or foreign patent application, which has not, in the country in question, been cancelled, withdrawn, abandoned, hel d invalid by a court of competent jurisdiction or g overnmental or supra - governmental agency of competent jurisdict ion, in an unappealed or unappealable decision or a dmitted to be invalid or unenforceable . Notwithstanding the foregoing, on a country - by - country basis, a patent application pending for more than [ * * * ] years will not be consi dered to have any Valid Claim for purposes of this Agreement unless and until a patent that meets the criteria s et forth in clause ( a ) above with respect to such a pplication issues