35 U.S.C. § 201 Definitions
This page consolidates MPEP guidance interpreting 35 U.S.C. § 201, including 39 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section defines the scenario where claims from unintentionally delayed provisional applications can still be allowed after a patent grant, with the legislative change replacing 'payment of a surcharge' with 'payment of fees'.
What this section covers
- Defines the scenario where claims from unintentionally delayed provisional applications can still be allowed after a patent grant.
- Identifies the legislative change that replaced 'payment of a surcharge' with 'payment of fees' in 35 U.S.C. 119(e).
Key obligations
- Practitioners must ensure timely payment of fees to allow claims from unintentionally delayed provisional applications after grant.
- The change applies under Section 201(c)(1)(B)(i)(II) of PLTIA, Public Law 112-211.
Practice notes
- Advise practitioners to review the specific fee requirements and ensure timely payment to avoid losing claim rights.
- Warn against relying on unintentional delays as a strategy for extending provisional application coverage without proper fee payment.
Official MPEP § 201 — Definitions
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 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) 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.
(Added Dec. 12, 1980, Public Law 96-517, sec. 6(a), 94 Stat. 3019; subsection (d) amended Nov. 8, 1984, Public Law 98-620, sec. 501(1), 98 Stat. 3364; subsection (e) amended Nov. 8, 1984, Public Law 98-620, sec. 501(2), 98 Stat. 3364; subsection (i) amended Oct. 22, 1986, Public Law 99-514, sec. 2, 100 Stat. 2095; subsection (a) amended Nov. 2, 2002, Public Law 107-273, sec. 13206, 116 Stat. 1904.)
- Abandonment
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- Entity Status
- Entity Status Changes
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- Fees
- Maintenance Fee Late
- Patent Reinstatement
- Maintenance Fee Payment
- Patent Application Content
- Application Transmittal
- Filing Date Requirements
- Patent Issuance
- Pct
- Pct Amendments Article 19
- Pct Description Claims
- Ptab Contested Case
- Reissue
- Reissue Amendments
- Amendment Specification
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| MPEP Section | Rules |
|---|---|
| MPEP § 1402 | |
| MPEP § 2268 | |
| MPEP § 509.02 | |
| MPEP § 601.01(a) | |
| MPEP § 608.01(p) | |
| MPEP § 711.03(c) |