§ 42.401. Definitions.
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/us/cfr/t37/s§ 42.401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
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