definiens: means ( a ) a claim of an issued and une xpired Patent : ( i ) owned or licensed by ADAGENE or ( ii ) or owned or licensed by ADCT claiming any ADCT New IP, in each case that has not been disclaimed, permanently revoked, held unenforceable, unpatentable or invalid by decision of a court or other gover nmental agency of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, and that has not been admitted to be invalid or unenforceable through re -examination, reissue, disclaimer or otherwise, or lost in an interference proc eeding brought by a third party ( without involvement by ADCT or its Affiliates ) ; and ( b ) a novel claim of any pending application included in Patent rights included in the ADAGENE ’s or ADCT ’s Intellectual Property that would be included in subsection ( a ) above, properly claiming priority from a document which is less than five ( 5 ) years prior, to the extent the subject matter described in such claim has not been held invalid or abandoned without being re -filed in another application or finally rejected by an administrative agency action from which no appeal can be taken, which are included in or necessary for the ADC . For the avoidance of doubt, Valid Claim shall exclude any claim ( a ) of an issued and unexpired Patent right included in the ADC owned at least in part by ADCT prior to the Effective Date ; or ( b ) of any pending application owned by ADCT at least in part prior to the Effective Date ; or ( c ) any other Intellectual Property owned at least in part by ADCT that claims Intellectual Property other than A DCT New IP