definiens: means a claim that ( i ) in the case of any unexpired United States or foreign patent, shall not have bee n donated to the public, disclaimed, nor held invalid or enforceable by a co urt or government agency of competent jurisdiction in an unappealed or unappeal able decision, or ( ii ) in the case of any United States or foreign patent applica tion, shall not have been canceled, withdrawn, or abandoned without being ref iled in another application or finally rejected by an administrative agency act ion from which no appeal can be taken or shall not have been pending for more th an eight ( 8) years . For purposes of this definition, this eight - year time p eriod shall be measured cumulatively for a pending claim in a parent and al l subsequent continuing applications in a given country . If a claim of a pa tent application that ceased to be a Valid Claim under ( ii ) due to 4 the passage of time later issues as part of a paten t described within ( i ), then it shall again be considered to be a Valid Claim ef fective as of the date of the issuance of such patent