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701    Statutory Authority for Examination [R-11.2013]

35 U.S.C. 131   Examination of application.

The Director shall cause an examination to be made of the application and the alleged new invention; and if on such examination it appears that the applicant is entitled to a patent under the law, the Director shall issue a patent therefor.

The main conditions precedent to the grant of a patent to an applicant are set forth in 35 U.S.C. 101, 102 , 103, and 112 .

35 U.S.C. 101   Inventions patentable.

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

Form paragraph 7.04.01 copies 35 U.S.C. 101. See MPEP § 706.03(a).

35 U.S.C. 100   Definitions.

[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 pre-AIA 35 U.S.C. 100(e) for paragraph (e) as applicable to patent applications and patents not subject to the first inventor to file provisions of the AIA.]

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), 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.
  • (j) The term "claimed invention" means the subject matter defined by a claim in a patent or an application for a patent.

Pre-AIA 35 U.S.C. 100  Definitions.

[Editor Note: Pre-AIA 35 U.S.C. 100(e) as set forth below is not applicable to any patent application subject to the first inventor to file provisions of the AIA (see 35 U.S.C. 100 (note)). For an application or patent subject to the first inventor to file provisions of the AIA, see 35 U.S.C. 100.]

When used in this title unless the context otherwise indicates -

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  • (e) The term “third-party requester” means a person requesting ex parte reexamination under section 302 or inter partes reexamination under section 311 who is not the patent owner.

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Last Modified: 03/27/2014 10:10:36