§201 — Title 35 Patents | U.S. Code

Summary

Defines key words used for rules about inventions from government-funded research. Federal agency is any executive branch agency and the military departments. Funding agreement is a contract, grant, or cooperative agreement (except with the Tennessee Valley Authority) that pays for experimental, developmental, or research work and includes assignments, party changes, and subcontracts. Contractor is a person, small business, or nonprofit that signs a funding agreement. Invention means any invention or discovery that can get patent or other legal protection, including new plant varieties. Subject invention is an invention the contractor conceives or first actually makes while doing the funded work; for plant varieties, the required PVPA determination date must occur during the contract period. Practical application means making, using, or running the invention so it is actually used and its benefits are, as allowed by law or government rules, available to the public on reasonable terms. “Made” means the idea or the first actual creation/testing of the invention. Small business firm means a small business as defined by the Small Business Administration. Nonprofit organization means colleges, universities, 501(c)(3) tax‑exempt groups, or similar state-qualified nonprofit scientific or educational organizations.

Title 35, §201

Patents — Source: USLM XML via OLRC

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) 11 See References in Text note below. 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Plant Variety Protection Act, referred to in subsec. (d), is Pub. L. 91–577, Dec. 24, 1970, 84 Stat. 1542, 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”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1981, but implementing

Regulations

authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as an

Effective Date

of 1980 Amendment note under section 41 of this title.

§201 Definitions

Summary

Title 35, §201

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Citations & Metadata