35 U.S.C. § 100 — Definitions

Unless the context says otherwise, these definitions apply throughout this title: (a) “Invention” means an invention or a discovery. (b) “Process” means a process, art, or method. It includes a new use for an existing process, machine, manufactured item, material combination, or material. (c) “United States” and “this country” mean the United States of America, including its territories and possessions. (d) “Patentee” includes both the person the patent was issued to and anyone who later inherits or acquires that person's title to the patent. (e) “Third-party requester” means someone who asks for an ex parte reexamination under section 302, as long as that person isn't the patent owner. (f) “Inventor” means the person — or, for a joint invention, the people together — who invented or discovered the invention. (g) “Joint inventor” and “coinventor” mean any one of the people who invented or discovered a joint invention. (h) “Joint research agreement” means a written contract, grant, or cooperative agreement between two or more people or organizations, entered into to do experimental, developmental, or research work in the field of the claimed invention. (i)(1) “Effective filing date” for a claimed invention means: (A) if (B) doesn't apply, the actual date the patent or patent application containing that claim was filed; or (B) the filing date of the earliest application that the patent or application can claim priority from, under section 119, 365(a), 365(b), 386(a), or 386(b), or claim the benefit of an earlier filing date from, under section 120, 121, 365(c), or 386(c). (i)(2) For a reissue application or reissued patent, the effective filing date is figured by treating the claim as if it had always been in the original patent being reissued. (j) “Claimed invention” means the subject matter that a claim in a patent or patent application defines.