definiens: means either ( a ) a claim of an issued and unexpir ed Patent within the Nektar Patent Rights that covers the composition of matter for a particular Product, or an approved use of a particu lar Product, and which has not been held permanently revoked or held unenforceable or invalid by a decision of a co urt or other governmental agency of competent jurisdiction, whic h decision is not appealable or has not been appeal ed within the time allowed for appeal or has not been disclai med, denied or found or admitted to be invalid or u nenforceable through re - examination, reissue or disclaimer or ot herwise ; or ( b ) a bona fide claim of a pending Pate nt application included within the Nektar Patent Rights that cover s the composition of matter for a particular Produc t, or an approved use of a particular Product, and which has not been ( i ) cancelled, withdrawn or abandoned wit hout being refiled in another application in the applicable ju risdiction or ( ii ) finally rejected by an administr ative agency action from which no appeal can be taken or that has not b een appealed within the time allowed for appeal ; pr ovided, that any claim in any Patent application pending for mor e than [ * * * ] from the earliest date on which such P atent application claims priority shall not be considered a Valid Claim for purposes of the Agreement from a nd after such [ * * * ] date unless and until a Patent containin g such claim issues from such Patent application