37 CFR 42.301: Definitions.
Where this section sits in the code
- Title 37—Patents, Trademarks, and Copyrights
- CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
- SUBCHAPTER A—GENERAL
- PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
- Subpart D—Transitional Program for Covered Business Method Patents
In addition to the definitions in § 42.2, the following definitions apply to proceedings under this subpart D:
(a) Covered business method patent means a patent that claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service, except that the term does not include patents for technological inventions.
(b) Technological invention. In determining whether a patent is for a technological invention solely for purposes of the Transitional Program for Covered Business Methods (section 42.301(a)), the following will be considered on a case-by-case basis: whether the claimed subject matter as a whole recites a technological feature that is novel and unobvious over the prior art; and solves a technical problem using a technical solution.
Collected 2026-08-27T02:25:45Z. Source file · JSON