Title 35 — PatentsRelease 119-73not60
§100 Definitions
Title 35 › Part II— PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter 10— PATENTABILITY OF INVENTIONS › § 100
Summary
Defines key words used in this title. "Invention" means an invention or discovery. "Process" means a process, art, or method and includes a new use of a known process, machine, manufacture, composition of matter, or material. "United States" or "this country" means the United States of America, its territories, and possessions. "Patentee" means the person named on the patent and anyone who later holds the patent. "Third-party requester" means someone who is not the patent owner and asks for ex parte reexamination under section 302. "Inventor" means the person or people who made the invention; "joint inventor"/"coinventor" means any one of those people. "Joint research agreement" means a written deal between two or more parties to do research on the invention. "Effective filing date" is either the actual filing date or, if applicable, the earliest prior filing date claimed under sections 119, 365(a), 365(b), 386(a), 386(b), 120, 121, 365(c), or 386(c); for reissue claims it is treated as if the claim was in the original patent. "Claimed invention" means what a patent claim defines.
Full Legal Text
Title 35, §100
Patents — Source: USLM XML via OLRC
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.
(i)(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.
Legislative History
Notes & Related Subsidiaries
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.
Editorial Notes
Amendments
2012—Subsec. (i)(1)(B). Pub. L. 112–211 substituted “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)” for “right of priority under section 119, 365(a), or 365(b) or to the benefit of an earlier filing date under section 120, 121, or 365(c)”. 2011—Subsec. (e). Pub. L. 112–29, § 3(a)(1), struck out “or inter partes reexamination under section 311” after “302”. Subsecs. (f) to (j). Pub. L. 112–29, § 3(a)(2), added subsecs. (f) to (j). 1999—Subsec. (e). Pub. L. 106–113 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
of 2012 Amendment Pub. L. 112–211, title I, § 103, Dec. 18, 2012, 126 Stat. 1532, provided that: “(a) In General.—The
Amendments
made by this title [enacting part V of this title and amending this section and section 102, 111, 115, 120, 154, 173, 365, and 366 of this title] shall take effect on the later of—“(1) the date that is 1 year after the date of the enactment of this Act [Dec. 18, 2012]; or “(2) the date of entry into force of the treaty with respect to the United States [May 13, 2015]. “(b) Applicability of
Amendments
.—“(1) In general.—Subject to paragraph (2), the
Amendments
made by this title shall apply only to international design applications, international applications, and national applications filed on and after the
Effective Date
set forth in subsection (a), and patents issuing thereon. “(2) Exception.—section 100(i) and 102(d) of title 35, United States Code, as amended by this title, shall not apply to an application, or any patent issuing thereon, unless it is described in section 3(n)(1) of the Leahy-Smith America Invents Act [Pub. L. 112–29] (35 U.S.C. 100 note). “(c) Definitions.—For purposes of this section—“(1) the terms ‘treaty’ and ‘international design application’ have the meanings given those terms in section 381 of title 35, United States Code, as added by this title; “(2) the term ‘international application’ has the meaning given that term in section 351(c) of title 35, United States Code; and “(3) the term ‘national application’ means ‘national application’ within the meaning of chapter 38 of title 35, United States Code, as added by this title.”
Effective Date
of 2011 Amendment;
Savings Provision
s Pub. L. 112–29, § 3(n), Sept. 16, 2011, 125 Stat. 293, provided that: “(1) In general.—Except as otherwise provided in this section [amending this section and section 32, 102, 103, 111, 119, 120, 134, 135, 145, 146, 154, 172, 202, 287, 291, 305, 363, 374, and 375 of this title, repealing section 104 and 157 of this title, and enacting provisions set out as notes under section 32, 102, and 111 of this title], the
Amendments
made by this section shall take effect upon the expiration of the 18-month period beginning on the date of the enactment of this Act [Sept. 16, 2011], and shall apply to any application for patent, and to any patent issuing thereon, that contains or contained at any time—“(A) a claim to a claimed invention that has an effective filing date as defined in section 100(i) of title 35, United States Code, that is on or after the
Effective Date
described in this paragraph; or “(B) a specific reference under section 120, 121, or 365(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim. “(2) Interfering patents.—The provisions of section 102(g), 135, and 291 of title 35, United States Code, as in effect on the day before the
Effective Date
set forth in paragraph (1) of this subsection, shall apply to each claim of an application for patent, and any patent issued thereon, for which the
Amendments
made by this section also apply, if such application or patent contains or contained at any time—“(A) a claim to an invention having an effective filing date as defined in section 100(i) of title 35, United States Code, that occurs before the
Effective Date
set forth in paragraph (1) of this subsection; or “(B) a specific reference under section 120, 121, or 365(c) of title 35, United States Code, to any patent or application that contains or contained at any time such a claim.”
Effective Date
of 1999 AmendmentAmendment by Pub. L. 106–113 effective Nov. 29, 1999, and applicable to any patent issuing from an original application filed in the United States on or after that date, see section 1000(a)(9) [title IV, § 4608(a)] of Pub. L. 106–113, set out as a note under section 41 of this title.
Reference
Citations & Metadata
Citation
35 U.S.C. § 100
Title 35 — Patents
Last Updated
Apr 5, 2026
Release point: 119-73not60