definiens: means a claim of ( a)an issued and unexpired patent ( as may be extended through supplementary protection certificate or patent term extension ) or 14 CO - DEVELOPMENT AND CO -COMMERCIALIZATION AGREEMENT between CUREVAC and ARCTURUS Confidential Execution Copy ( b)a pending patent application, provided, however, that once the priority date or earliest filing date to which the pending patent application refers is more than [ * … * * * … ] years old, such claim shall not constitute a Valid Claim for purposes of this Agreement anymore, unless and until a patent issues with such claim included in the [COMPANY] Patents or [COMPANY] Patents, which claim ha s not been revoked, held invalid or unenforceable by a patent office, court or other governmental agency of competent jurisdiction in a final and non -appealable decision ( or decision from which no appeal was taken within the allowable time period ) and has not been disclaimed, denied, abandoned or admitted to be invalid or unenforceable through reissue, re -examination or disclaimer or otherwise