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35 U.S.C. § 201 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
**(a)** The term “Federal agency” means any executive agency as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), and the military departments as defined by [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) 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) 11 See References in Text note below. of the Plant Variety Protection Act ([7 U.S.C. 2401
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Stable record: federal_law:legal_authorities:record_usc_49ca3d17e0c1f8646c67e1f3
Source file: Laws/federal/codes/united-states-code/title-35/section-201-definitions--7a8d3cfe0a.md
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Source location: Title 35, Chapter 18, § 201; chapter-018-patent-rights-in-inventions-made-with-federal-assistance.md
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As used in this chapter—
**(a)** The term “Federal agency” means any executive agency as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), and the military departments as defined by [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) 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) 11 See References in Text note below. of the Plant Variety Protection Act ([7 U.S.C. 2401(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2401/d&num=0&edition=prelim))) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632&num=0&edition=prelim)) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim)) and exempt from taxation under section 501(a) of the Internal Revenue Code ([26 U.S.C. 501(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/a&num=0&edition=prelim)) or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.
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Federal law — U.S. Code and appendices · legal_authorities
The military departments are:
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 102
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established in the Department of Agriculture an office to be known as the Plant Variety Protection Office, which shall have the functions set forth in this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2321
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business concerns**
(1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation.
(2) **Establishment of size standards**
(A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act.
(B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors.
(C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard—
(i) is proposed after an opportunity for public notice and comment;
(ii) provides for determining—
(I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months;
(II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 632
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Fees.—** The Director shall charge the following fees:
(1) **Filing and basic national fees.—**
(A) On filing each application for an original patent, except for design, plant, or provisional applications, $330.
(B) On filing each application for an original design patent, $220.
(C) On filing each application for an original plant patent, $220.
(D) On filing each provisional application for an original patent, $220.
(E) On filing each application for the reissue of a patent, $330.
(F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330.
(G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof.
(2) **Excess claims fees.—**
(A) *In general.—* — In addition to the fee specified in paragraph (1)—
(i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3;
(ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and
(iii) for each application containing a multiple dependent claim, $390.
(B) *Multiple dependent claims.—* — For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 41
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Solicitation and Acceptance of Contributions.—**
(1) Consistent with its authority under [section 2103(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section2103/e&num=0&edition=prelim), the American Battle Monuments Commission shall solicit and accept contributions for the World War II memorial.
(2) In this section, the term “World War II memorial” means the memorial authorized by Public Law 103–32 ([40 U.S.C. 8903](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8903&num=0&edition=prelim) note) to be established by the Commission on Federal land in the District of Columbia or its environs to honor members of the Armed Forces who served in World War II and to commemorate the participation of the United States in that war.
**(b) Creation of Memorial Fund.—**
(1) There is hereby created in the Treasury a fund for the World War II memorial, which shall consist of the following:
(A) Amounts deposited, and interest and proceeds credited, under paragraph (2).
(B) Obligations obtained under paragraph (3).
(C) The amount of surcharges paid to the Commission for the World War II memorial under the World War II 50th Anniversary Commemorative Coins Act ([31 U.S.C. 5112](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5112&num=0&edition=prelim) note).
(D) Amounts borrowed using the authority provided under subsection (d).
(E) Any funds received by the Commission under [section 2114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section2114&num=0&edition=prelim) in exchange for use of, or the right to use, any mark, copyright or patent.
(2) The Chairman of the Commission shall deposit in the fund the amounts accepted as contr
Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 2113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under [section 182(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section182/4&num=0&edition=prelim) through both extramural and intramural programs.
**(b) Extramural programs**
(1) **In general** — The Secretary, acting through the Under Secretary for Science and Technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to—
(A) ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United States as practicable participate;
(B) ensure that the research funded is of high quality, as determined through merit review processes developed under [section 182(14) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section182/14&num=0&edition=prelim); and
(C) distribute funds through grants, cooperative agreements, and contracts.
(2) **University-based centers for homeland security**
(A) *Designation* — The Secretary, acting through the Under Secretary for Science and Technology, shall designate a university-based center or several university-based centers for homeland security. The purpose of the center or these centers shall be to establish a coordinated, university-based system to enhance the Nation’s homeland security.
(B) *Criteria for designation* — Criteria for the designation of colleges or universities as a center for homeland security, shall include, but are not limited to, demonstrated expertise in—
(i) The training of first responders.
(ii) Responding to incidents involving weapons of mass destruction and biolog
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 195
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Board** — The term “Board” means the Board of Directors described in subsection (e).
(2) **Department** — The term “Department” means the Department of Agriculture.
(3) **Foundation** — The term “Foundation” means the Foundation for Food and Agriculture Research established under subsection (b).
(4) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
**(b) Establishment**
(1) **In general** — The Secretary shall establish a nonprofit corporation to be known as the “Foundation for Food and Agriculture Research”.
(2) **Status** — The Foundation shall not be an agency or instrumentality of the United States Government.
**(c) Purposes** The purposes of the Foundation shall be—
(1) to advance the research mission of the Department by supporting agricultural research activities focused on addressing key problems of national and international significance including—
(A) plant health, production, and plant products;
(B) animal health, production, and products;
(C) food safety, nutrition, and health;
(D) renewable energy, natural resources, and the environment;
(E) agricultural and food security;
(F) agriculture systems and technology; and
(G) agriculture economics and rural communities; and
(2) to foster collaboration with agricultural researchers from the Federal Government, State (as defined in [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section3103&num=0&edition=prelim)) governments, institutions of higher education (as defined in [section 1001 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim)), industry, and nonprofit organizations.
**(d) Duties**
(1) **In gener
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 5939
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Federal law — U.S. Code and appendices · legal_authorities
Page 769
TITLE 15—COMMERCE AND TRADE
§ 632
Editorial Notes
REFERENCES IN TEXT
This subtitle, referred to in subsec. (a), is subtitle D
(§§ 141–147) of title I of div. K of Pub. L. 108–447, Dec. 8,
2004, 118 Stat. 3453, which enacted this section, amended
sections 637, 648, 657b, and 657c of this title, enacted
provisions set out as note under section 637 of this title,
and amended provisions set out as a note under section
657b of this title. For complete classification of subtitle
D to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Small Business
Reauthorization and Manufacturing Assistance Act of
2004, and also as part of the Consolidated Appropria-
tions Act, 2005, and not as part of the Small Business
Act which comprises this chapter.
§ 632. Definitions
(a) Small business concerns
(1) In general
For the purposes of this chapter, a small-
business concern, including but not limited to
enterprises that are engaged in the business of
production of food and fiber, ranching and
raising of livestock, aquaculture, and all other
farming and agricultural related industries,
shall be deemed to be one which is independ-
ently owned and operated and which is not
dominant in its field of operation.
(2) Establishment of size standards
(A) In general
In addition to the criteria specified in
paragraph (1) and subject to the require-
ments specified under subparagraph (C), the
Administrator may specify detailed defini-
tions or standards by which a business con-
cern may be determined to be a small busi-
ness concern for the purposes of this chapter
or any other Act.
(B) Additional criteria
The standards described in paragraph (1)
may utilize number of employees, dollar vol-
ume of business, net worth, net income, a
combinatio
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 632
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption from taxation** An organization described in subsection (c) or (d) or section 401(a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503.
**(b) Tax on unrelated business income and certain other activities** An organization exempt from taxation under subsection (a) shall be subject to tax to the extent provided in parts II, III, and VI of this subchapter, but (notwithstanding parts II, III, and VI of this subchapter) shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes.
**(c) List of exempt organizations** The following organizations are referred to in subsection (a):
(1) Any corporation organized under Act of Congress which is an instrumentality of the United States but only if such corporation—
(A) is exempt from Federal income taxes—
(i) under such Act as amended and supplemented before July 18, 1984, or
(ii) under this title without regard to any provision of law which is not contained in this title and which is not contained in a revenue Act, or
(B) is described in subsection (l).
(2) Corporations organized for the exclusive purpose of holding title to property, collecting income therefrom, and turning over the entire amount thereof, less expenses, to an organization which itself is exempt under this section. Rules similar to the rules of subparagraph (G) of paragraph (25) shall apply for purposes of this paragraph.
(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 501
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