definiens: shall refer to the act of using for any commercial purposes whatsoever . 1.61 shall mean a claim of a n issued, unexpired patent, or a claim being prosecuted in a pending pa tent application, in each case, which is within the PATENT RIGHTS . A cla i m of an issued, unexpired patent shall be presumed to be valid unle ss and until it has been held to be invalid by a final judgement of a court of competent jurisdiction from which no appeal can be or is take n. For the purposes of royalty determination and payment under Article 6 h ereof, any claim being prosecuted in a pending patent application for a pe riod of up to five ( 5 ) years from the filing date of such application shal l be deemed to a VALID CLAIM, provided, that each claim in such an applica tion shall again become a VALID CLAIM when and if a patent issues th ereon