{"identifier":"/us/usc/t35/s100","title":35,"num":"\u00a7\u202f100.","heading":"Definitions","text":"\u00a7\u202f100.\nDefinitions\nWhen used in this title unless the context otherwise indicates\u2014\n(a) The term \u201cinvention\u201d means invention or discovery.\n(b) The term \u201cprocess\u201d means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.\n(c) The terms \u201cUnited States\u201d and \u201cthis country\u201d mean the United States of America, its territories and possessions.\n(d) The word \u201cpatentee\u201d includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.\n(e) The term \u201cthird-party requester\u201d means a person requesting ex parte reexamination under section 302 who is not the patent owner.\n(f) The term \u201cinventor\u201d means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.\n(g) The terms \u201cjoint inventor\u201d and \u201ccoinventor\u201d mean any 1 of the individuals who invented or discovered the subject matter of a joint invention.\n(h) The term \u201cjoint research agreement\u201d 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.\n(i)\n(1) The term \u201ceffective filing date\u201d for a claimed invention in a patent or application for patent means\u2014\n(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\n(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).\n(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.\n(j) The term \u201cclaimed invention\u201d means the subject matter defined by a claim in a patent or an application for a patent.","url":"https://projectusc.org/usc/t35/s100.html","content":[{"t":"sec","id":"/us/usc/t35/s100","children":[{"t":"num","text":"\u00a7\u202f100."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"When used in this title unless the context otherwise indicates\u2014"},{"t":"subsec","id":"/us/usc/t35/s100/a","children":[{"t":"num","text":"(a)"},{"t":"content","text":" The term \u201cinvention\u201d means invention or discovery.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s100/b","children":[{"t":"num","text":"(b)"},{"t":"content","text":" The term \u201cprocess\u201d means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s100/c","children":[{"t":"num","text":"(c)"},{"t":"content","text":" The terms \u201cUnited States\u201d and \u201cthis country\u201d mean the United States of America, its territories and possessions.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s100/d","children":[{"t":"num","text":"(d)"},{"t":"content","text":" The word \u201cpatentee\u201d includes not only the patentee to whom the patent was issued but also the successors in title to the patentee.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s100/e","children":[{"t":"num","text":"(e)"},{"t":"content","text":" The term \u201cthird-party requester\u201d means a person requesting ex parte reexamination under section 302 who is not the patent owner.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s100/f","children":[{"t":"num","text":"(f)"},{"t":"content","text":" The term \u201cinventor\u201d means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s100/g","children":[{"t":"num","text":"(g)"},{"t":"content","text":" The terms \u201cjoint inventor\u201d and \u201ccoinventor\u201d mean any 1 of the individuals who invented or discovered the subject matter of a joint invention.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s100/h","children":[{"t":"num","text":"(h)"},{"t":"content","text":" The term \u201cjoint research agreement\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s100/i","children":[{"t":"num","text":"(i)"},{"t":"para","id":"/us/usc/t35/s100/i/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" The term \u201ceffective filing date\u201d for a claimed invention in a patent or application for patent means\u2014"},{"t":"subpara","id":"/us/usc/t35/s100/i/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t35/s100/i/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t35/s100/i/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s100/j","children":[{"t":"num","text":"(j)"},{"t":"content","text":" The term \u201cclaimed invention\u201d means the subject matter defined by a claim in a patent or an application for a patent.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}