In addition to the definitions in § 42.2, the following definitions apply to proceedings under this subpart:
- Agreement or understanding under 35 U.S.C. 135(e) means settlement for the purposes of § 42.74.
- Applicant includes a reissue applicant.
- Application includes both an application for an original patent and an application for a reissued patent.
- First publication means either a patent or an application publication under 35 U.S.C. 122(b), including a publication of an international application designating the United States as provided by 35 U.S.C. 374.
- Petitioner means a patent applicant who petitions for a determination that another party named in an earlier-filed patent application allegedly derived a claimed invention from an inventor named in the petitioner’s application and filed the earlier application without authorization.
- Respondent means a party other than the petitioner.
- Same or substantially the same means patentably indistinct.
[Added 77 FR 56068, Sept. 11, 2012, effective Mar. 16, 2013]