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Electronic Code of Federal Regulations

e-CFR data is current as of November 14, 2019

Title 37Chapter IPart 42Subpart D → §42.301


Title 37: Patents, Trademarks, and Copyrights
PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
Subpart D—Transitional Program for Covered Business Method Patents


§42.301   Definitions.

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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