definiens: means a claim of(a)an issued and unexpired patent ( as may be extendedthrough supplementary protection certificate or patent term extension ) or 14CO - DEVELOPMENT AND CO - COMMERCIALIZATION AGREEMENTbetween CUREVAC and ARCTURUSConfidential Execution Copy ( b)a pending patent application, provided, however, thatonce the priority date or earliest filing date to which the pending patent application refers is morethan [ * … * * * … ] years old, such claim shall not constitute a Valid Claim for purposes of thisAgreement anymore, unless and until a patent issues with such claim included in the [COMPANY] Patents or [COMPANY] Patents, which claim has not been revoked, heldinvalid or unenforceable by a patent office, court or other governmental agency of competentjurisdiction in a final and non - appealable decision ( or decision from which no appeal was takenwithin the allowable time period ) and has not been disclaimed, denied, abandoned or admitted tobe invalid or unenforceable through reissue, re - examination or disclaimer or otherwise