37 CFR 42.2: Definitions

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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42.2    Definitions.

The following definitions apply to this part:

  • Affidavit means affidavit or declaration under § 1.68 of this chapter. A transcript of an ex parte deposition or a declaration under 28 U.S.C. 1746 may be used as an affidavit.
  • Board means the Patent Trial and Appeal Board. Board means a panel of the Board, or a member or employee acting with the authority of the Board, including:
    • (1) For petition decisions and interlocutory decisions, a Board member or employee acting with the authority of the Board.
    • (2) For final written decisions under 35 U.S.C. 135(d), 318(a), and 328(a), a panel of the Board.
  • Business day means a day other than a Saturday, Sunday, or Federal holiday within the District of Columbia.
  • Confidential information means trade secret or other confidential research, development, or commercial information.
  • Final means final for the purpose of judicial review to the extent available. A decision is final only if it disposes of all necessary issues with regard to the party seeking judicial review, and does not indicate that further action is required.
  • Hearing means consideration of the trial.
  • Involved means an application, patent, or claim that is the subject of the proceeding.
  • Judgment means a final written decision by the Board, or a termination of a proceeding.
  • Motion means a request for relief other than by petition.
  • Office means the United States Patent and Trademark Office.
  • Panel means at least three members of the Board.
  • Party means at least the petitioner and the patent owner and, in a derivation proceeding, any applicant or assignee of the involved application.
  • Petition is a request that a trial be instituted.
  • Petitioner means the party filing a petition requesting that a trial be instituted.
  • Preliminary Proceeding begins with the filing of a petition for instituting a trial and ends with a written decision as to whether a trial will be instituted.
  • Proceeding means a trial or preliminary proceeding.
  • Rehearing means reconsideration.
  • Trial means a contested case instituted by the Board based upon a petition. A trial begins with a written decision notifying the petitioner and patent owner of the institution of the trial. The term trial specifically includes a derivation proceeding under 35 U.S.C. 135; an inter partes review under Chapter 31 of title 35, United States Code; a post-grant review under Chapter 32 of title 35, United States Code; and a transitional business-method review under section 18 of the Leahy-Smith America Invents Act. Patent interferences are administered under part 41 and not under part 42 of this title, and therefore are not trials.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]