definiens: means ( a ) a claim of an issued and unexpired Pate nt included within the Hutchison Patents in a country which has not been p ermanently revoked or held unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, which decision is not appe alable or is not appealed within the time allowed for appeal, and has not been abandoned, disclaimed or admitted to be invalid or unenforceable through reissue, disclaime r or otherwise in such country or ( b ) a bona fide c laim of a pending patent application included within the Hutc hison Patents in a country that has not been ( i ) ca ncelled, withdrawn or abandoned without being refiled in ano ther application in the applicable jurisdiction or ( ii ) finally rejected by an administrative agency action from wh ich no appeal can be taken or that has not been app ealed within the time allowed for appeal ; provided that a ny claim in any patent application pending for more than [ * * ] years from the earliest date on which such patent a pplication claims priority shall not be considered a Valid Claim for purposes of the Agreement from and after such [ * * ] year date unless and until a patent conta ining such claim issues from such patent application