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35 U.S.C. § 381 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** When used in this part, unless the context otherwise indicates—
(1) the term “treaty” means the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted at Geneva on July 2, 1999;
(2) the term “regulations”—
(A) when capitalized, means the Common Regulations under the treaty; and
(B) when not capitalized, means the regulations established by the Director under this title;
(3) the terms “designation”, “designating”, and “designate” refer to a request that an international registration have effect in a Contracting Party to the treaty;
(4) the term “International Bureau” means the international intergovernmental organization that is recognized as the coordinating body under the treaty and the Regulations;
(5) the term “effective registration date” means the date of international registration determined by the International Bureau under the treaty;
(6) the term “international design application” means an application for international registration; and
(7) the term “international registration” means the international registration of an industrial design filed under the treaty.
**(b) Rule of Construction.—** Terms and expressions not defined in this part are to be taken in the sense indicated by the treaty and the Regulations.
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Source location: Title 35, Chapter 38, § 381; chapter-038-international-design-applications.md
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**(a) In General.—** When used in this part, unless the context otherwise indicates—
(1) the term “treaty” means the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs adopted at Geneva on July 2, 1999;
(2) the term “regulations”—
(A) when capitalized, means the Common Regulations under the treaty; and
(B) when not capitalized, means the regulations established by the Director under this title;
(3) the terms “designation”, “designating”, and “designate” refer to a request that an international registration have effect in a Contracting Party to the treaty;
(4) the term “International Bureau” means the international intergovernmental organization that is recognized as the coordinating body under the treaty and the Regulations;
(5) the term “effective registration date” means the date of international registration determined by the International Bureau under the treaty;
(6) the term “international design application” means an application for international registration; and
(7) the term “international registration” means the international registration of an industrial design filed under the treaty.
**(b) Rule of Construction.—** Terms and expressions not defined in this part are to be taken in the sense indicated by the treaty and the Regulations.
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Federal law — U.S. Code and appendices · legal_authorities
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
Page 145
TITLE 35—PATENTS
§ 381
(b) The amounts of fees specified in subsection
(a) of this section, except the international fee
and the handling fee, shall be prescribed by the
Director. He may refund any sum paid by mis-
take or in excess of the fees so specified, or if re-
quired under the treaty and the Regulations.
The Director may also refund any part of the
search fee, the national fee, the preliminary ex-
amination fee, and any additional fees, where he
determines such refund to be warranted.
(Added Pub. L. 94–131, § 1, Nov. 14, 1975, 89 Stat.
690; amended Pub. L. 98–622, title IV, §§ 402(g),
403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 99–616,
§ 8, Nov. 6, 1986, 100 Stat. 3486; Pub. L. 102–204,
§ 5(g)(1), Dec. 10, 1991, 105 Stat. 1640; 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(a)(21), (b)(1)(B), Nov. 2, 2002, 116 Stat. 1905,
1906.)
Editorial Notes
AMENDMENTS
2002—Subsec.
(a)(1)
to
(3).
Pub.
L.
107–273,
§ 13206(a)(21), substituted period for semicolon at end.
Subsecs. (a)(5), (b). Pub. L. 107–273, § 13206(b)(1)(B),
made technical correction to directory language of
Pub. L. 106–113. See 1999 Amendment note below.
1999—Subsecs. (a)(5), (b). Pub. L. 106–113, as amended
by Pub. L. 107–273, § 13206(b)(1)(B), substituted ‘‘Direc-
tor’’ for ‘‘Commissioner’’ wherever appearing.
1991—Subsec. (a). Pub. L. 102–204, § 5(g)(1)(A), in intro-
ductory provisions inserted ‘‘shall charge a national fee
as provided in section 41(a), and’’ after ‘‘Office’’, redes-
ignated pars. (5) and (6) as (4) and (5), respectively, and
struck out former par. (4), which read as follows: ‘‘A
national fee (see section 371(c));’’.
Subsec. (b). Pub.
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