{"data":{"id":"us/37-cfr-42.2","jurisdiction":"us","citation":"37 CFR 42.2","heading":"Definitions.","body":"The following definitions apply to this part:\nAffidavit 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.\nBoard 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:\n(1) For petition decisions and interlocutory decisions, a Board member or employee acting with the authority of the Board.\n(2) For final written decisions under 35 U.S.C. 135(d), 318(a), and 328(a), a panel of the Board.\nBusiness day means a day other than a Saturday, Sunday, or Federal holiday within the District of Columbia.\nConfidential information means trade secret or other confidential research, development, or commercial information.\nFinal 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.\nHearing means consideration of the trial.\nInvolved means an application, patent, or claim that is the subject of the proceeding.\nJudgment means a final written decision by the Board, or a termination of a proceeding.\nMotion means a request for relief other than by petition.\nOffice means the United States Patent and Trademark Office.\nPanel means at least three members of the Board.\nParty means at least the petitioner and the patent owner and, in a derivation proceeding, any applicant or assignee of the involved application.\nPetition is a request that a trial be instituted.\nPetitioner means the party filing a petition requesting that a trial be instituted.\nPreliminary 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.\nProceeding means a trial or preliminary proceeding.\nRehearing means reconsideration.\nTrial 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.","path":["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 A—Trial Practice and Procedure"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-37.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:45Z","sha256":"b593da9fbc5a663aebe4fc5a28a8caca1214224f95cccc38dd94026e6ecb1145","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-42.1","next":"us/37-cfr-42.3"},"notice":"GroundRules: Original legal text. Not legal advice."}