definiens: means a claim of an issued and unexpired patent o r pending patent application to the extent such claim has not been revoked, held invali d or unenforceable by a patent office, court or oth er governmental agency of competent jurisdiction in a final and non - appealable judgment ( or judgment from which no appeal was taken within the allowable time perio d ) and which claim has not been disclaimed, denied or admitted to be invalid or unenforceable through reissue, re- examination or disclaimer or otherwise ; provided th at, on a country - by - country basis, a patent application pend ing for more than five ( 5 ) years from the date of f iling of such application as a utility, non - provisional applicati on shall not be considered to have any Valid Claim for purposes of this Agreement from and after such five ( 5 ) year date unless and until a patent with respect to suc h application issues