§ 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.
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\1\ See References in Text note below.
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(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.