---
kind: "section"
citation: "37 C.F.R. § 42.301"
title: "37"
number: "42.301"
heading: "Definitions."
url: "https://uscodex.org/cfr/37/42.301"
---

# §42.301. Definitions.


In addition to the definitions in [§ 42.2](/cfr/37/42.2.md), 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)](#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.

## Notes

### Amendments

[77 FR 48753, Aug. 14, 2012]

### Source

Source: 77 FR 48731, Aug. 14, 2012, unless otherwise noted.

### Authority

Authority: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.

### Source

Source: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.

### Amendments

[77 FR 48753, Aug. 14, 2012]