definiens: means a claim of any issued and unexpired patent or pat ent application pending in good faithwithin the FIBROGEN Patents which has not been ( a ) revo ked or held invalid or unenforceable by a ﬁnal decision of a court orgovernmental agency of competent jurisdiction ( and which d ecision can no longer be appealed or was not appealed w ithin the timeallowed ), ( b ) held to be invalid or unenforceable thr ough reissue, re - examination or disclaimer or otherwise, or ( c ) dedicated to thepublic, disclaimed ( whether explicitly or otherwise ), aban doned, or admitted in writing to be invalid or unenf orceable or of a scope notCovering a particular Product ; provided, however, that if a claim of a pending patent application wit hin the FIBROGEN Patents shallnot have issued within [ * ], such claim shall not constitute a Valid Claim for the purposes of this Agreement unless and until such claimis included in an issued or granted patent ( from and af ter which time the same would be deemed a Valid Claim )