definiens: shall mean, with respect to a particular country, ( a ) any claim of an issued and unexpired Patent insuch country that ( i ) has not been held permanently revoked, unenforceable or invalid by a decision of a court orgovernmental agency of competent jurisdiction, which decision is unappealable or unappealed within the time allowed forappeal and ( ii ) has not been abandoned, disclaimed, denied or admitted to be invalid or unenforceable through reissue ordisclaimer or otherwise in such country ; or ( b ) a claim of a pending Patent application, which claim has not been abandonedor finally disallowed without the possibility of appeal or re - filing of the application ; provided, however, that if a claim of apatent application has been pending for more than seven ( 7 ) years, such claim shall not constitute a Valid Claim for purposesof this Agreement unless and until a Patent issues with such claim