35 U.S.C. 100 — Definitions
Ninth Edition, Revision 01.2024
[Editor Note: 35 U.S.C. 100(e)-(j) as set forth below are only applicable to patent applications and patents subject to the first inventor to file provisions of the AIA ( 35 U.S.C. 100 (note) ). See 35 U.S.C. 100(e) (pre‑AIA) for subsection (e) as otherwise applicable.]
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.
- (1) The term "effective filing date" for a
claimed invention in a patent or application for patent means—
- (j) The term "claimed invention" means the subject matter defined by a claim in a patent or an application for a patent.
(Subsection (e) added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-567 (S. 1948 sec. 4603); subsection (e) amended and subsections (f) - (j) added Sept. 16, 2011, Public Law 112-29, sec. 3(a) (effective March 16, 2013), 125 Stat. 284.); subsection (i)(1)(B) amended Dec. 18, 2012, Public Law 112-211, sec. 102(1) (effective May 13, 2015), 126 Stat. 1531.)
Cited authority
- 35 U.S.C. 100 (note) AIA First inventor to file provisions
- 35 U.S.C. 100 (pre-AIA) Definitions
- 35 U.S.C. 302 Request for reexamination
- 35 U.S.C. 119 Benefit of earlier filing date; right of priority
- 35 U.S.C. 365 Right of priority; benefit of the filing date of a prior application
- 35 U.S.C. 386 Right of priority
- 35 U.S.C. 120 Benefit of earlier filing date in the United States
- 35 U.S.C. 121 Divisional applications
Cited by
- 1440 Examination of Reissue Application
- 1481.03 Correction of 35 U.S.C. 119 and 35 U.S.C. 120 Benefits
- 1504.02 Novelty
- 1604 Applicant, Oath or Declaration
- 2004 Aids to Compliance With Duty of Disclosure
- 210 Priority to, or the Benefit of, the Filing Date of a Prior-Filed Application
- 2106 Patent Subject Matter Eligibility
- 2106.03 Eligibility Step 1: The Four Categories of Statutory Subject Matter
- 2109 Inventorship
- 213 Right of Priority of Foreign Application
- 213.02 Formal Requirements Relating to Foreign Priority Application
- 2146.02 Establishing Common Ownership or Joint Research Agreement Under Pre-AIA 35 U.S.C. 103(c)
- 2151 Overview of the Changes to 35 U.S.C. 102 and 103 in the AIA
- 2152 Detailed Discussion of AIA 35 U.S.C. 102(a) and (b)
- 2152.01 Effective Filing Date of the Claimed Invention
- 2152.07 Form Paragraphs for Use in Rejections Under AIA 35 U.S.C. 102
- 2154.01(b) Determining When Subject Matter Was Effectively Filed Under AIA 35 U.S.C. 102(d)
- 2156 Joint Research Agreements
- 2159.02 Applications Filed on or After March 16, 2013
- 2159.03 Applications Subject to the AIA but Also Containing a Claimed Invention Having an Effective Filing Date Before March 16, 2013
- 2301.04 Applicability of 35 U.S.C. 102(g) to Applications filed on or after March 16, 2013
- 2304.04(c) Rejections Based on Disclaimer
- 2920.05(e) Benefit Claims Under 35 U.S.C. 386(c)
- 701 Statutory Authority for Examination
- 706 Rejection of Claims
- 707 Examiner’s Letter or Action
- 717.02 Prior Art Exception for Commonly Owned or Joint Research Agreement Subject Matter under AIA 35 U.S.C. 102(b)(2)(C)
- 717.02(b) Evaluating Whether the Prior Art Exception under AIA 35 U.S.C. 102(b)(2)(C) is Properly Invoked
- 717.02(c) Examination Procedure With Respect to the Prior Art Exception under AIA 35 U.S.C. 102(b)(2)(C)
- 804 Definition of Double Patenting
- 804.03 Commonly Owned Inventions of Different Inventive Entities; Non-Commonly Owned Inventions Subject to a Joint Research Agreement
- 817 Outline of Letter for Restriction Requirement
- 35 U.S.C. 100 (pre-AIA) Definitions
- 35 U.S.C. 102 (pre-AIA) Conditions for patentability; novelty and loss of right to patent
- 35 U.S.C. 135 Derivation proceedings
- 35 U.S.C. 135 (pre-AIA) Interferences
- 35 U.S.C. 291 Derived Patents
- 35 U.S.C. 291 (pre-AIA) Interfering patents
- 37 CFR 1.104 Nature of examination