---
kind: "section"
citation: "37 C.F.R. § 42.401"
title: "37"
number: "42.401"
heading: "Definitions."
url: "https://uscodex.org/cfr/37/42.401"
---

# §42.401. Definitions.


In addition to the definitions in [§ 42.2](/cfr/37/42.2.md), the following definitions apply to proceedings under this subpart:

Agreement or understanding under [35 U.S.C. 135(e)](/usc/35/135.md?p=e) means settlement for the purposes of [§ 42.74](/cfr/37/42.74.md).

Applicant includes a reissue applicant.

Application includes both an application for an original patent and an application for a reissued patent.

First publication means either a patent or an application publication under [35 U.S.C. 122(b)](/usc/35/122.md?p=b), including a publication of an international application designating the United States as provided by [35 U.S.C. 374](/usc/35/374.md).

Petitioner means a patent applicant who petitions for a determination that another party named in an earlier-filed patent application allegedly derived a claimed invention from an inventor named in the petitioner's application and filed the earlier application without authorization.

Respondent means a party other than the petitioner.

Same or substantially the same means patentably indistinct.


## Notes

### Source

Source: 77 FR 56090, Sep. 11, 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.