definiens: means a claim of any ( i ) issued Paten t that has not expired, lapsed, or been finally canceled or abandoned, been dedicated to the public or disclaimed or been held unenforceable, invalid or permanently canceled by a court or administrative a gency of competent jurisdiction in an order or deci sion from which no appeal can be taken or from which no appea l was taken in the time permitted, including throug h opposition, re - examination, reissue or disclaimer o r ( ii ) pending Patent application that has not been finally abandoned, finally rejected or expired ( after the e arlier of exhaustion of all appeals actually taken or the expiration of the time allowed for all appeals ) ; provided, however, that if a claim of a pending Patent application h as not issued within five ( 5 ) years after the earliest eff ective priority filing date for the Patent applicat ion from which such claim takes priority, such claim shall not con stitute a Valid Claim for the purposes of this Agre ement unless and until a Patent issues for such claim