definiens: means a claim of ( i ) an issued and unexpired patent included within thePatent Rights unless the claim has been held unenforceable or invalid by the final, un - reversed, and un - appealable decision of a court or other government body of competentjurisdiction, has been irretrievably abandoned or disclaimed, or has otherwise beenfinally admitted or determined to be invalid, un - patentable or unenforceable, whetherthrough reissue, reexamination, disclaimer or otherwise, or ( ii ) a pending patentapplication within the Patent Rights to the extent the claim continues to be prosecuted ingood faith provided that if a particular claim has not issued within five ( 5 ) years of its initialnon - provisional, national - stage filing, it shall not be considered a Valid Claim forpurposes of this Agreement unless and until such claim is included in an issued patentand qualifies under subsection ( i ) of this definition