definiens: means a claim or pending claim of a Patent Right, which claim or pending claim has not been revoked or held unenforceable, unpatentable or invalid by a decision of a court or other governme ntal agency of competent jurisdiction, which is not appe alable or has not been appealed within the time all owed for appeal, and which has not been abandoned, disclaime d, denied or admitted to be invalid or unenforceabl e through reissue, re - examination or disclaimer or ot her final, irrevocable action, unless Genocea has b een directly involved in any such action and provided that, on a country - by - country basis, a claim pending for more than eight ( 8) years shall not be considered to be a Val i d Claim for purposes of this Agreement unless and until such a claim issues, at which time such claim shall become a Valid Claim, effective as of the patent ’s date o f issue