37 CFR 42.401 — Definitions
Ninth Edition, Revision 01.2024
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]
Cited authority
Cited by
- 2155 Use of Affidavits or Declarations Under 37 CFR 1.130 To Overcome Prior Art Rejections
- 2155.06 Situations in Which an Affidavit or Declaration Is Not Available
- 717.01 Affidavit or Declaration Under 37 CFR 1.130
- 717.01(d) U.S. Patent or Application Publication Claiming Same Invention
- 37 CFR 1.130 Affidavit or declaration of attribution or prior public disclosure under the Leahy-Smith America Invents Act