definiens: shall mean ( a ) an uroexpiral claim of an issued patent within the Uccnsed PatenlS or Joint Patents which has not ~n foond to be unpatentable, invalid or unenforceable by a court or OIher authority in the sUhject country, from which decision no appeal is taken or can be taken : or ( b ) a claim of a pending p.llcnl application ; provided, however, Illat if U cluirn of 0 pending patent applicalion ~hall not huve issued wilhin seven ( 7 ) yean after the elLrliest filing date from wllich such claim HLkes priorily, such claim shall DOl constiwte a Valid Cluim for the purposes of Ihis Agreement after such seven ( 7 ) year deadline unless and until 0 patent issue~ with \uch claim, and no IUl"IOIlnlS payable in re.~pect of the exislel\l;e of a Vlliid Claim shall be payable retrospectively ill respect of lUIy period between such seven ( 7 ) year deadline and such subsequent issuance of a patent With such • claim : providOO further . lhal . for clanly, such claim $ hall be I Valid Claim and such amounts shall again be pllyable in respect of it~ e;1.iSlence upon i.ssuanee of a patent with ! j. UCh clAIm III any time foUowinl such seven ( 7 ) year deadline