§ 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

e 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.