35-U.S.C.-201
§201 – Definitions
Pathway
Title 35 > Part II > Chapter 18 > Section 201
Details
- Reference: Section 201
- Legend: §201 – Definitions
- USCode Year: 2013
Provision Content
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) of the Plant Variety Protection Act (7 U.S.C. 2401(d))) must also occur during the period of contract performance.
(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, §6(a), Dec. 12, 1980, 94 Stat. 3019; amended Pub. L. 98–620, title V, §501(1), (2), Nov. 8, 1984, 98 Stat. 3364; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107–273, div. C, title III, §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 (§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, §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, §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.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-171 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-171, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
35-U.S.C.-185 in the Legal Encyclopedia: Inventions
In this entry about 35-U.S.C.-185, find legal reference material, bibliographies and premiere content related to inventions in the American Encyclopedia of Law, presenting a comprehensive view of the United States inventions-specific issues, written by authorities in the field.
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