definiens: means ( i ) a claim of an issued and unexpired patent, which has not been held permanently revoked orheld unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealableor un - appealed within the time allowed for appeal, and which has not been admitted to be invalid or unenforceable throughreissue or disclaimer or otherwise or been dedicated to the public or ( ii ) a claim in a pending patent application that ( A ) isbeing prosecuted in good faith, ( B ) has not been abandoned or disclaimed or finally determined to be unallowable by theapplicable Governmental Authority in a decision from which no appeal is or can be taken, and ( C ) has not been pending formore than five ( 5 ) years from the date of issuance of the first substantive patent office action considering the patentability ofsuch claim by the applicable Governmental Authority in such country ( at which time such pending claim shall cease to be aValid Claim for purposes of this Agreement unless and until such claim becomes a claim of an issued patent )