37 CFR § 42.2 — Definitions. (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.2 Definitions.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.2, including 11 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section clarifies that an affidavit is equivalent to a declaration under §1.68 of this chapter, emphasizing the importance of adhering to formal requirements for legal filings.
What this section covers
- Defines an affidavit as a written statement of facts made under oath or affirmation, equivalent to a declaration under §1.68 of this chapter.
Key obligations
- Use an affidavit or declaration under §1.68 of this chapter for legal filings.
- Ensure compliance with the requirements specified in §1.68 of this chapter for affidavits and declarations.
Practice notes
- Adhere to the correct formality for affidavits and declarations as required by §1.68 of this chapter.
- Avoid using forms that do not meet the requirements for affidavits and declarations under §1.68 of this chapter.
Official MPEP § 42.2 — Definitions.
Source: USPTOLast Modified: 10/30/2024 08:50:22
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]
- Aia Practice
- Aia Overview
- Post Grant Proceedings
- Ptab Contested Case
- Reissue
- Reissue Litigation
| MPEP Section | Rules |
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| MPEP § 1442 | |
| MPEP § 2310.02 |