US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 201. —  Definitions.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 35USC201]

 
                            TITLE 35--PATENTS
 
        PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
 
  CHAPTER 18--PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE
 
Sec. 201. Definitions

    As used in this chapter--
        (a) The term ``Federal agency'' means any executive agency as 
    defined in section 105 of title 5, and the military departments as 
    defined by section 102 of title 5.
        (b) The term ``funding agreement'' means any contract, grant, or 
    cooperative agreement entered into between any Federal agency, other 
    than the Tennessee Valley Authority, and any contractor for the 
    performance of experimental, developmental, or research work funded 
    in whole or in part by the Federal Government. Such term includes 
    any assignment, substitution of parties, or subcontract of any type 
    entered into for the performance of experimental, developmental, or 
    research work under a funding agreement as herein defined.
        (c) The term ``contractor'' means any person, small business 
    firm, or nonprofit organization that is a party to a funding 
    agreement.
        (d) The term ``invention'' means any invention or discovery 
    which is or may be patentable or otherwise protectable under this 
    title or any novel variety of plant which is or may be protectable 
    under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
        (e) The term ``subject invention'' means any invention of the 
    contractor conceived or first actually reduced to practice in the 
    performance of work under a funding agreement: Provided, That in the 
    case of a variety of plant, the date of determination (as defined in 
    section 41(d) \1\ of the Plant Variety Protection Act (7 U.S.C. 
    2401(d))) must also occur during the period of contract performance.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (f) The term ``practical application'' means to manufacture in 
    the case of a composition or product, to practice in the case of a 
    process or method, or to operate in the case of a machine or system; 
    and, in each case, under such conditions as to establish that the 
    invention is being utilized and that its benefits are to the extent 
    permitted by law or Government regulations available to the public 
    on reasonable terms.
        (g) The term ``made'' when used in relation to any invention 
    means the conception or first actual reduction to practice of such 
    invention.
        (h) The term ``small business firm'' means a small business 
    concern as defined at section 2 of Public Law 85-536 (15 U.S.C. 632) 
    and implementing regulations of the Administrator of the Small 
    Business Administration.
        (i) The term ``nonprofit organization'' means universities and 
    other institutions of higher education or an organization of the 
    type described in section 501(c)(3) of the Internal Revenue Code of 
    1986 (26 U.S.C. 501(c)) and exempt from taxation under section 
    501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any 
    nonprofit scientific or educational organization qualified under a 
    State nonprofit organization statute.

(Added Pub. L. 96-517, Sec. 6(a), Dec. 12, 1980, 94 Stat. 3019; amended 
Pub. L. 98-620, title V, Sec. 501(1), (2), Nov. 8, 1984, 98 Stat. 3364; 
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107-273, 
div. C, title III, Sec. 13206(a)(12), Nov. 2, 2002, 116 Stat. 1904.)

                       References in Text

    The Plant Variety Protection Act, referred to in subsec. (d), is 
Pub. L. 91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is 
classified principally to chapter 57 (Sec. 2321 et seq.) of Title 7, 
Agriculture. For complete classification of this Act to the Code, see 
Short Title note set out under section 2321 of Title 7 and Tables.
    Section 41 of the Plant Variety Protection Act (7 U.S.C. 2401(d)), 
referred to in subsec. (e), was subsequently amended, and no longer 
defines the term ``date of determination''.


                               Amendments

    2002--Subsec. (a). Pub. L. 107-273 struck out ``United States 
Code,'' after ``section 105 of title 5,'' and ``, United States Code'' 
after ``section 102 of title 5''.
    1986--Subsec. (i). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954''.
    1984--Subsec. (d). Pub. L. 98-620, Sec. 501(1), inserted ``or any 
novel variety of plant which is or may be protectable under the Plant 
Variety Protection Act (7 U.S.C. 2321 et seq.)'' after ``title''.
    Subsec. (e). Pub. L. 98-620, Sec. 501(2), inserted ``: Provided, 
That in the case of a variety of plant, the date of determination (as 
defined in section 41(d) of the Plant Variety Protection Act (7 U.S.C. 
2401(d))) must also occur during the period of contract performance'' 
after ``agreement''.

                  Section Referred to in Other Sections

    This section is referred to in title 36 section 2113; title 49 
section 309.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com