37 CFR 42.301: Definitions

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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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.
[Added, 77 FR 48734, Aug. 14, 2012, effective Sept. 16, 2012]