{"data":{"id":"us/37-cfr-42.401","jurisdiction":"us","citation":"37 CFR 42.401","heading":"Definitions.","body":"In addition to the definitions in § 42.2, the following definitions apply to proceedings under this subpart:\nAgreement or understanding under 35 U.S.C. 135(e) means settlement for the purposes of § 42.74.\nApplicant includes a reissue applicant.\nApplication includes both an application for an original patent and an application for a reissued patent.\nFirst 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.\nPetitioner 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.\nRespondent means a party other than the petitioner.\nSame or substantially the same means patentably indistinct.","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 E—Derivation"],"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":"e4d9b52f489b476604638dc8fc7f5aff76b58ccb7ae7841d45113f9a31452cd5","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-42.400","next":"us/37-cfr-42.402"},"notice":"GroundRules: Original legal text. Not legal advice."}