definiens: means ( a ) a claim of an issued and unexpired Patent which has not been held permanently revoked, unenforceableor invalid by a decision of a court or other governmental agency of competent jurisdiction, unappealable or unappealed within the time allowedfor appeal, and that is not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, disclaimer or otherwise or ( b ) aclaim of a pending patent application that has not been pending for more than four ( 4 ) years and that has not been cancelled, withdrawn orabandoned or finally rejected by an administrative agency action from which no appeal can be taken . If the Royalty Term for any Product andcountry expires because a Valid Claim has been pending for four ( 4 ) years, and such claim subsequently issues, the Royalty Term for suchProduct and country will be reinstated upon issuance of such Valid Claim for the remaining Royalty Term, if any