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35 U.S.C. § 104 — Repealed. Pub. L. 112–29, § 3(d), Sept. 16, 2011, 125 Stat. 287]

Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 104 — Repealed. Pub. L. 112–29, § 3(d), Sept. 16, 2011, 125 Stat. 287]

### Statutory Notes Section, act July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 94–131, § 6, Nov. 14, 1975, 89 Stat. 691; Pub. L. 98–622, title IV, § 403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 103–182, title III, § 331, Dec. 8, 1993, 107 Stat. 2113; Pub. L. 103–465, title V, § 531(a), Dec. 8, 1994, 108 Stat. 4982; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335, related to inventions made abroad. #### Effective Date of Repeal Repeal effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under [section 100 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section100&num=0&edition=prelim).

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Source location: Title 35, Chapter 10, § 104; chapter-010-patentability-of-inventions.md

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 100 — Definitions

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), 365(b), 386(a), or 386(b) or to the benefit of an earlier filing date under section 120, 121, 365(

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 104 — Untitled legal text

Page 45 TITLE 35—PATENTS § 105 supplying, or causing to be supplied, of any component or components of a patented invention after the date of enactment of this Act [Nov. 8, 1984]. ‘‘(d) No United States patent granted before the date of enactment of this Act [Nov. 8, 1984] shall abridge or affect the right of any person or his successors in busi- ness who made, purchased, or used prior to such effec- tive date anything protected by the patent, to continue the use of, or to sell to others to be used or sold, the specific thing so made, purchased, or used, if the patent claims were invalid or otherwise unenforceable on a ground obviated by section 103 or 104 of this Act [amending this section and sections 116 and 120 of this title] and the person made, purchased, or used the spe- cific thing in reasonable reliance on such invalidity or unenforceability. If a person reasonably relied on such invalidity or unenforceability, the court before which such matter is in question may provide for the contin- ued manufacture, use, or sale of the thing made, pur- chased, or used as specified, or for the manufacture, use, or sale of which substantial preparation was made before the date of enactment of this Act, and it may also provide for the continued practice of any process practiced, or for the practice of which substantial prep- aration was made, prior to the date of enactment, to the extent and under such terms as the court deems eq- uitable for the protection of investments made or busi- ness commenced before the date of enactment. ‘‘(e) The amendments made by this Act shall not af- fect the right of any party in any case pending in court on the date of enactment [Nov. 8, 1984] to have their rights determined on the basis of the substantive law in effect

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