35 U.S.C. 100 Definitions. (March 16, 2013)
When used in this title unless the context otherwise indicates -
- *****
- (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), or 365(b) or to the benefit of an earlier filing date under section 120, 121, or 365(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, Leahy-Smith America Invents Act, Public Law 112-29, sec. 3(a), 125 Stat. 284, effective March 16, 2013.)
[*End Editor's Note: 35 U.S.C. 100 (March 16, 2013)]