§ 42.301 Definitions.
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Title 37 CFR: Patents, Trademarks, and Copyrights › Chapter I: UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › Part 42: TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD › Subpart D: Transitional Program for Covered Business Method Patents › § 42.301: § 42.301 Definitions.
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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.
[77 FR 48753, Aug. 14, 2012]
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