§ 100. Definitions
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When used in this title unless the context otherwise indicates—
(a)The term “invention” means invention or discovery.
(b)The term “process” means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
(c)The terms “United States” and “this country” mean the United States of America, its territories and possessions.
(d)The word “patentee” includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.
(e)The term “third-party requester” means a person requesting ex parte reexamination under section 302 who is not the patent owner.
(f)The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.
(g)The terms “joint inventor” and “coinventor” mean any 1 of the individuals who invented or discovered the subject matter of a joint invention.
(h)The term “joint research agreement” means a written contract, grant, or cooperative agreement entered into by 2 or more persons or entities for the performance of experimental, developmental, or research work in the field of the claimed invention.
(1)The term “effective filing date” for a claimed invention in a patent or application for patent means—
(A)if subparagraph
(B)does not apply, the actual filing date of the patent or the application for the patent containing a claim to the invention; or
(B)the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b) or to the benefit of an earlier filing date under section 120, 121, 365(c), or 386(c).
(2)The effective filing date for a claimed invention in an application for reissue or reissued patent shall be determined by deeming the claim to the invention to have been contained in the patent for which reissue was sought.
(j)The term “claimed invention” means the subject matter defined by a claim in a patent or an application for a patent.
(July 19, 1952, ch. 950, 66 Stat. 797; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4603], Nov. 29, 1999, 113 Stat. 1536, 1501A–567; Pub. L. 112–29, § 3(a), Sept. 16, 2011, 125 Stat. 285; Pub. L. 112–211, title I, § 102(1), Dec. 18, 2012, 126 Stat. 1531.)
Historical and Revision Notes
Paragraph
(a)is added only to avoid repetition of the phrase “invention or discovery” and its derivatives throughout the revised title. The present statutes use the phrase “invention or discovery” and derivatives.
Paragraph
(b)is noted under section 101.
Paragraphs
(c)and
(d)are added to avoid the use of long expressions in various parts of the revised title.
Connections183 cite this · traces to 4
Cited by 183 sections · top 60
U.S. Code
- § 102Conditions for patentability; novelty
- § 111Application
- § 103Conditions for patentability; non-obvious subject matter
- § 154Contents and term of patent; provisional rights
- § 119Benefit of earlier filing date; right of priority
- § 120Benefit of earlier filing date in the United States
- § 100Definitions
- § 202Disposition of rights
- § 134Appeal to the Patent Trial and Appeal Board
- § 135Derivation proceedings
- § 321Post-grant review
- § 311Inter partes review
- § 115Inventor’s oath or declaration
- § 363International application designating the United States: Effect
- § 145Civil action to obtain patent
- § 325Relation to other proceedings or actions
- § 324Institution of post-grant review
- § 326Conduct of post-grant review
- § 305Conduct of reexamination proceedings
- § 328Decision of the Board
- § 374Publication of international application
- § 365Right of priority; benefit of the filing date of a prior application
- § 327Settlement
- § 382Filing international design applications
- § 104Repealed. Pub. L. 112–29, § 3(d), Sept. 16, 2011, 125 Stat. 287]
- § 146Civil action in case of derivation proceeding
- § 323Preliminary response to petition
- § 322Petitions
- § 291Derived patents
- § 386Right of priority
- § 381Definitions
- § 389Examination of international design application
- § 384Filing date
- § 387Relief from prescribed time limits
- § 383International design application
- § 390Publication of international design application
- § 388Withdrawn or abandoned international design application
- § 385Effect of international design application
- § 287Limitation on damages and other remedies; marking and notice
- § 173Term of design patent
- § 329Appeal
- § 172Right of priority
- § 366Withdrawn international application
- § 375Patent issued on international application: Effect
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Traces to 4 documents
17 references not yet in our index
- July 19, 1952, ch. 950
- 66 Stat. 797
- Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4603]
- 113 Stat. 1536
- Pub. L. 112–29, § 3(a)
- 125 Stat. 285
- Pub. L. 112–211, title I, § 102(1)
- 126 Stat. 1531
- Pub. L. 112–211
- Pub. L. 112–29, § 3(a)(1)
- Pub. L. 112–29, § 3(a)(2)
- Pub. L. 106–113
- Pub. L. 112–211, title I, § 103
- 126 Stat. 1532
- Pub. L. 112–29
- Pub. L. 112–29, § 3(n)
- 125 Stat. 293
Citation graph
cites case law
§ 100
Definitions
Fed. Reg.×110
U.S.C.×54
Bills×12
C.F.R.×3
Stat.×3
Stat. Comp.×1
ActJuly 19, 1952, ch. 950
Stat.66 Stat. 797
Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4603]
Stat.113 Stat. 1536
Pub. L.Pub. L. 112–29, § 3(a)
Cites 21 · showing 9Cited by 183 across 6 sources