definiens: means an issued claim of an unexpired Patent that shall not have been held invalid orunenforceable by a court of competent jurisdiction in an unappealed or unappealable decision ; or a claim of a pendingPatent application, on a country - by - country basis, that shall not have been withdrawn, canceled or disclaimed . On acountry - by - country basis, a Patent application pending for more than five ( 5 ) years shall not be considered to haveany Valid Claim for the purposes of this Agreement unless thereafter a Patent with respect to such Patent applicationissues with such claim ; provided, however, that if in such five ( 5 ) year period the applicable governmental agencieshave not completed their review of the claims of the pending Patent application, then such five ( 5 ) year period shall beextended for a further two ( 2 ) year period and if after seven ( 7 ) years such Patent application is still pending then suchPatent application shall not be considered to have any Valid Claim for the purposes of this Agreement unlessthereafter a Patent with respect to such Patent application issues with such claim