definiens: means a claim in any Licensed Patent, which claim has not expired or been held invalid by a non - appealed or unappealable deci sion by a court or other appropriate body of compet ent jurisdiction . In addition, and when referring to th e European Union or to any of its member states, a claim shall not be a Valid Patent Claim unless it is issued or pending in its regional or national phase, in each and all members of the European Union or the European Paten t Convention, whichever has the largest number of member states, as of the Effective Date of this Agr eement . For the purpose of royalty determination an d payment, any claim being prosecuted in a pending pa tent application shall be deemed to be a provided such claim is not pending for more than six ( 6 ) years from the earliest filing date of the patent application in which case it shall cease to be cons idered a Valid Patent Claim until the patent issues