definiens: means with respect to the particular country within which theapplication was filed ( a ) a claim of an issued and unexpired patent withinProgram Patents in the relevant country which claim has not : ( i ) lapsed, beencancelled, permanently revoked or dedicated to the public ; ( ii ) becomeabandoned ; ( iii ) been held invalid or unenforceable by a court or governmentagency or other appropriate body of competent jurisdiction ( within the US, including the USPTO or PTAB ), which holding is unappealable or unappealedwithin the time allowed for appeal ; or ( iv ) been disclaimed or admitted to beinvalid or unenforceable through reissue, inter partes review, post grant review, reexamination, opposition, revocation, disclaimer or otherwise, or ( b ) a claim ofa pending patent application within Program Patents in the relevant countrywhich has not been cancelled, withdrawn, abandoned, finally rejected orexpired ; provided, that, notwithstanding the foregoing, a patent applicationpending in the relevant country for more than five ( 5 ) years will not beconsidered to have any Valid Claim for purposes of this Agreement unless anduntil any Program Patents in the relevant country that meets the criteria setforth in clause ( a ) above with respect to such application issues . ” 3