35 U.S.C. § 201 : US Code - Section 201: Definitions

Search 35 U.S.C. § 201 : US Code - Section 201: Definitions

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) (!1) 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.